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 20182No. 06-CV-6333(W.D.N.Y. , )

A district court dismissed a property owner's negligence and mutual mistake claims against the former owner, as well as its request to rescind the purchase agreement, due to contamination.

Keywords:
Duty to disclose
ELR 20185No. 10-11890(Bankr. D. Del., )

A bankruptcy court held that a property owner's CERCLA and state environmental law claims against the prior property owner are not "core" claims and, thus, fall outside the jurisdiction of the owner's Chapter 11 bankruptcy proceedings.

Keywords:
Bankruptcy
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