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Weekly Cases Update Volume 42, Issue 11

S.R.P. v. United States

42 ELR 20083
10-4011 (3d Cir., April 2012)

The Third Circuit upheld the dismissal of a mother's Federal Tort Claims Act (FTCA) suit against the government after her child was bitten by a barracuda while playing near the shore of Buck Island Reef National Monument in St. Croix. The mother alleged that the National Park Service (NPS)...

Included

California v. United States Department of Interior

42 ELR 20081
09cv2233 (S.D. Cal., April 2012)

A district court dismissed California's suit against DOI challenging its approval of the Colorado River Water Delivery Agreement under NEPA and the CAA. The state alleged that DOI failed to comply with the two statutes prior to approving it and sought an order immediately ceasing water...

Held not satisfied

Bair v. Caltrans,

42 ELR 20082
10-04360 (N.D. Cal., April 2012)

A district court ordered the California Department of Transportation to revise its EA for a proposal to widen a highway through a state park home to ancient redwoods as well as an abundance of wildlife, including the marbled murrelet and spotted owl. There are a number of discrepancies and...

Discussion of, held inadequate, Parks

Pakootas v. Teck Cominco Metals, Ltd.

42 ELR 20080
04-256 (E.D. Wash., April 2012)

A district court held that a Canadian mining company, if found liable under CERCLA, will be subject to joint and several liability for response costs incurred by the state of Washington and a Native American tribe along a portion of the Upper Columbia River. In this case, the harm is the...

Joint and several liability

United States v. Hampton Roads Sanitation Department

42 ELR 20076
No. 2:09-ev-481 (E.D. Va., April 2012)

A district court held that a local sanitation department that owns and operates a complex sanitary sewer conveyance system and 13 wastewater treatment plants must pay penalties for the unintended discharge of sewage following heavy rainfall in the spring of 2010. The department previously...

Consent decrees

Florida Clean Water Network v. United States Environmental Protection Agency

42 ELR 20079
4:09cv165 (N.D. Fla., March 2012)

A district court remanded to EPA its determination that several provisions of Florida's "impaired water rule" are not new or revised water quality standards and, thus, not subject to approval by the Agency. An environmental group argued that EPA's decision was arbitrary and capricious. In...

Water pollution, Review and revision, §303(c), State standards, §303(a)

Sierra Club v. United States Environmental Protection Agency

42 ELR 20078
No. 08-424 (D.D.C., March 2012)

A district court held that an environmental group may go forward with its CAA citizen suit against EPA for failing to promulgate by November 15, 2000, regulations to reduce hazardous air pollutant emissions created during the manufacturing of brick and structural clay products. EPA filed a...

Brick and ceramic kiln standards

State Automobile Mutual Insurance Co. v. Flexdar, Inc.

42 ELR 20077
49S02-1104-PL-199 (Ind., March 2012)

The Indiana Supreme Court held that an insurance company must provide coverage to a manufacturer for TCE contamination even though the policy contained an absolute pollution exclusion clause. The pollution exclusion clause excluded coverage for losses resulting from "pollutants," which the...

"Pollutant" construed, Held not to bar, Insurance