The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.
Volume 41, Issue 10
A district court dismissed a city's CERCLA §107(a) suit against the United States to recover past and future response costs incurred at the former Schilling Air Force Base area in Salina, Kansas. CERCLA §113(h) bars challenges to ongoing response actions being taken under §104.
A district court held that the current owner of a service station may be held liable under CERCLA for the actions of its predecessor and therefore dismissed the owner's motion for summary judgment.
A district court held that insurers have no duty to defend or indemnify a city in over two dozen underlying lawsuits alleging that the city delivered contaminated tap water to its residents. The insurance policies at issue contain pollution exclusion clauses.
The Ninth Circuit upheld, on statutory and constitutional grounds, California's vessel fuel rules as they apply to vessels located more than three miles off the California coast.
The Ninth Circuit held that ESA §§7 and 9, as applied to the California delta smelt, do not violate the Commerce Clause.
The Ninth Circuit upheld EPA's determination that a California SIP that imposes limits on motor vehicle emissions for years 2009 and 2012 are adequate for purposes of the state's transportation plans and projects.
The Tenth Circuit held that an individual's conviction under the Bald and Golden Eagle Protection Act for unlawfully possessing 141 eagle feathers does not violate the Religious Freedom Restoration Act of 1993.
The Federal Circuit held that the U.S.