Weekly Cases Update Volume 41, Issue 8

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 18

ELR 20215No. 09-701C(Fed. Cl. , )

The Federal Claims court denied the United States' motion to dismiss a company's action to recover over $2 million in litigation expenses allegedly owed to it under the indemnification provisions of various contracts the company performed for the U.S. Atomic Energy Commission.

Keywords:
Atomic Energy Act powers and duties
ELR 20207No. F059382(Cal. App. 4th Dist., )

A California appellate court held that a county's approval of a development project violated the California Environmental Quality Act (CEQA).

Keywords:
Environmental impact reports (EIRs)
ELR 20210No. 10-174(U.S. , )

The U.S. Supreme Court held that the CAA displaces any federal common law right to seek abatement of carbon dioxide (CO2) emissions from fossil-fuel fired power plants.

Keywords:
Climate Change (generally), Nuisance
ELR 20206No. 10-3488(7th Cir. , )

The Seventh Circuit held that an environmental group has standing to challenge a U.S. Army Corps of Engineers permit allowing 18.4 acres of wetlands in a state park to be destroyed to make way for a landfill.

Keywords:
"Injury-in-fact" test, Dredge and fill permits
ELR 20211No. 10-1882(4th Cir., )

The Fourth Circuit held that the Tax Injunction Act does not bar the owner of a power plant from challenging an excise tax on carbon dioxide emissions. A lower court ruled that it lacked jurisdiction under the Tax Injunction Act because the carbon charge was a tax.

Keywords:
Climate Change (generally), Tax
ELR 20213Nos. 09-1405, 10-2123(7th Cir. , )

The Seventh Circuit denied environmental groups' petitions challenging EPA's approval of revisions to Wisconsin's new source review program.

Keywords:
Wisconsin, New source review
ELR 20216No. 09-1297(D.C. Cir., )

The D.C. Circuit denied medical waste trade associations' petition for review challenging EPA's performance standards for new and existing hospital/medical/infectious waste incinerators (HMIWI).

Keywords:
Standards of performance, §111(a)
ELR 20212No. 10-1470(1st Cir., )

The First Circuit upheld a FERC order requiring a precision tool and instrument manufacturer to seek licensing under §23(b) of the Federal Power Act before it can proceed with certain changes to a hydroelectric generating facility project on its property.

Keywords:
Permits and licensing, §4(e)
ELR 20209No. 08-02561(N.D. Cal., )

A district court granted in part and denied in part several motions and cross-motions for summary judgment in a cost recovery and contribution action stemming from contamination at a dry cleaning business.

Keywords:
Owners and operators
ELR 20208 No. 08-5618(C.D. Cal., )

A district court held that a consent decree settling an electric company's CERCLA liability with EPA and granting it contribution protection against additional CERCLA liability at an industrial site does not provide the company with contribution protection from a defense company's actio

Keywords:
Release provision

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