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Weekly Cases Update Volume 41, Issue 35

National Ass'n of Home Builders v. Environmental Protection Agency

ELR 20357
10-5341 (D.C. Cir., December 2011)

The D.C. Circuit held that a home builders' association lacked standing to challenge EPA's and the U.S. Army Corps of Engineers' determination that two reaches of the Santa Cruz River in southern Arizona constitute "traditional navigable waters" (TNW) under the CWA. Although the association has...

Held not satisfied, Navigable Waters

In re Quantification Settlement Agreement Cases

ELR 20354
C064293 (Cal. App. 3d Dist., December 2011)

A California appellate court reversed and remanded a lower court decision invalidating a settlement agreement between the state and three water and irrigation agencies concerning the intra-state right to water from the Colorado River. In addition to allocating water rights within the state, the...

Water rights, Water allocation under state law

Association of Irritated Residents v. California Air Resources Board

ELR 20353
CPF 09-509562 (Cal. Super. Ct., December 2011)

A California court held that the California Air Resources Board's "functional equivalent document" and scoping plan to reduce greenhouse gases as it relates to cap and trade complies with the California Environmental Quality Act. The court therefore lifted its May 20, 2011,...

Climate Change, Climate Change (generally)

United States v. Long

ELR 20355
09-1863 (6th Cir., December 2011)

The Sixth Circuit upheld an individual's conviction for unlawfully discharging industrial wastewater into the Detroit sewer system. The individual, who worked at an industrial waste treatment facility, was sentenced to two 24-month prison terms, to run concurrently, for knowingly violating...

Knowing violation, §309(c)(2), Evidence

Pakootas v. Teck Cominco Metals Ltd.

ELR 20356
CV-04-256-LRS (E.D. Wash., November 2011)

A district court held that the state of Washington is not liable as an arranger under CERCLA for hazardous waste contamination stemming from mining operations on state lands. The state entered into mining contracts with a Canadian mining company that allowed the company to excavate and remove...

Arrangers, Hazardous wastes & substances