Weekly Cases Update Volume 41, Issue 7

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 15

ELR 20190No. 09-509562(Sup. Ct. Cal. , )

A California court ordered the California Air Resources Board to set aside its "functional equivalent document" and scoping plan to reduce greenhouse gases as it relates to cap and trade.

Keywords:
Climate Change (generally), California Environmental Quality Act (CEQA)
ELR 20189No. A126558(Cal. App. 4th Dist., )

A California appellate court held that a city's revised environmental impact report (EIR) for a proposed development project along an estuary complies with the California Environmental Quality Act.

Keywords:
Environmental Assessment/Impact Statement, Environmental impact reports (EIRs)
ELR 20183Nos. 10-1664, -1668(1st Cir. , )

The First Circuit held that the U.S. Coast Guard violated NEPA when it issued regulations that preempt state environmental law with respect to tank vessels in Buzzards Bay, Massachusetts.

Keywords:
Categorical exemption
ELR 20176No. 09-2567(3d Cir. , )

The Third Circuit denied environmental groups' petition for review of an NRC decision granting a license renewal for the Oyster Creek Nuclear Generating Station.

Keywords:
Licensing process, Nuclear Regulatory Commission (NRC)
ELR 20179Nos. 1:09-cv-00407 OWW DLB et al.(E.D. Cal., )

A district court, on a motion to amend judgment, extended the FWS' deadline for completing its biological opinion (BiOp) for the threatened delta smelt as well as the Bureau of Reclamation's deadline to complete review of the FWS' reasonable and prudent alternative (RPA) under

Keywords:
Biological opinion, §7(b)
ELR 20187No. 10-35446(9th Cir. , )

The Ninth Circuit reversed a lower court decision denying the award of attorney fees to an environmental group in their lawsuit against a town for discharging toxic pollutants into a bay in violation of the CWA.

Keywords:
Citizen suits, §304
ELR 20186No. 10-1738(1st Cir., )

The First Circuit held that property owners have standing to challenge a settlement agreement entered into between a town and a telecommunications company over the construction of a 100-foot cell phone tower.

Keywords:
Economic interests
ELR 20184No. 09-4572(6th Cir., )

The Sixth Circuit affirmed a lower court decision excluding expert witness testimony in homeowners' toxic tort case against an oil company for benzene exposure. The homeowners alleged claims of strict liability for hazardous activity, negligence, and loss of consortium.

Keywords:
Evidentiary standards
ELR 20177No. 10-1744(3d Cir., )

The Third Circuit held that a property owner's nuisance, negligence, and strict liability claims against a neighboring landfill are not continuing torts and, thus, are barred by the statute of limitations.

Keywords:
Negligence, Strict liability
ELR 20178No. 07-35266(9th Cir., )

The Ninth Circuit, in an amended opinion, held that stormwater runoff from logging roads that is collected by and then discharged from a system of ditches, culverts, and channels is a point source discharge for which an NPDES permit is required.

Keywords:
"Point source" construed, Coverage

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