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 20183Nos. 10-1664, -1668(1st Cir. , )

The First Circuit held that the U.S.

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

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 int

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

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.

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 t

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 channe

Keywords:
"Point source" construed, Coverage
ELR 20180No. 08-CV-13503(E.D. Mich. , )

A district court, on motions for reconsideration and for leave to amend counterclaims, held that a gas company may seek recovery costs under CERCLA and the Michigan Natural Res

Keywords:
Amendment of pleadings, FRCP 15, Contribution
ELR 20181No. 11-6042-HO(D. Or., )

A district court dismissed an oil refiner's CERCLA action against a recycling company for costs it incurred responding to PCB contamination allegedly resulting from used oil th

Keywords:
"Release" construed

You must be an ELI Member to access the full content.

You are not logged in. To access this content: