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 14

ELR 20171No. 10-2237(7th Cir., )

The Seventh Circuit reversed and remanded a lower court decision dismissing residents' RCRA lawsuit against a nearby solid waste facility. The lower court ruled that it lacked federal subject matter jurisdiction because the state was pursuing an enforcement action in state court.

ELR 20175No. 1:07-cv-01043(E.D. Cal., )

A district court denied a property owner's motion to add RCRA claims to its CERCLA and state law action against a dry cleaner for groundwater contamination. The property owner failed to comply with RCRA's notice requirements.

Keywords:
60-day notice requirement, §7002(b)(1), 90-day notice of endangerment requirement, §7002(b)(2)(A)
ELR 20172Nos. 138863 et al(Mich., )

The Michigan Supreme Court vacated its previous decision at 41 ELR 20056 in which it held that a company's plan to discharge contaminated water from an environmental cleanup site in the Manistee River watershed into a previously unpolluted site in the AuSable River water

Keywords:
Environmental Response Act
ELR 20167No. H035619(Cal. , )

A California appellate court held that a city's approval of a "term sheet" setting forth the basic plans for building a stadium for the San Francisco 49ers does not constitute a project or project approval under the California Environmental Quality Act.

Keywords:
Environmental impact reports (EIRs)

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