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Weekly Cases Update Volume 42, Issue 1

Hardesty v. Sacramento Metropolitan Air Quality Management District

42 ELR 20001
C065784 (Cal. App. 3d Dist., December 2011)

A California appellate court affirmed a lower court decision dismissing a petition challenging an air district's abatement order directing the owners of an open-pit mining operation to cease operation of the central plant equipment and all internal combustion engines with a rating greater...

Held not preempted, Preemption

Five Corners Family Farmers v. State

42 ELR 20006
84632-4 (Wash., December 2011)

The Supreme Court of Washington held that state law does not limit the amount of water that can be withdrawn from groundwater for livestock-watering purposes. Local farmers and environmentalists sought a declaration that the stockwatering exemption from state permitting requirements is...

Water allocation under state law

New York v. Solvent Chemical Co.

42 ELR 20002
10-2026 et al. (2d Cir., December 2011)

The Second Circuit held that a lower court should have granted a chemical manufacturer's request for declaratory judgment against adjoining property owners under CERCLA for future costs it will incur cleaning up industrial pollution. The manufacturer sued the two adjoining property owners...

Future costs

Bergmann v. Michigan State Transportation Comm'n,

42 ELR 20005
10-1708, -1770 (6th Cir., December 2011)

The Sixth Circuit vacated and remanded a lower court decision partially granting a landowner's motion to enforce a decades-old consent decree requiring Michigan's transportation department to remediate certain property by March 31, 1995, or to pay the landowner $2,000 per month until the...

Settlement agreements

New York State Superfund Coalition, Inc. v. New York State Department of Environmental Conservation

42 ELR 20003
189 (N.Y., December 2011)

New York's highest court upheld regulations promulgated by the state's environmental agency that require inactive hazardous waste disposal sites to be restored to pre-disposal conditions. A coalition of commercial property owners argued that the regulations are ultra vires and impermissibly...

Environmental Conservation Law

Asarco LLC v. Shore Terminals LLC

42 ELR 20004
C 11-01384 WHA (N.D. Cal., December 2011)

A district court dismissed a property owner's contribution action against a railroad company for failure to state a claim. The property owner failed to allege any facts that explain why the company is liable for a portion of the site cleanup. It failed to explain how the company came to be...

Held not available