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Weekly Cases Update Volume 42, Issue 20

Kansas Gas & Electric Co. v. United States

42 ELR 20152
2011-5044, -5045 (Fed. Cir., July 2012)

The Federal Circuit affirmed in part and reversed in part a lower court's award of over $10.5 million in damages to Kansas electric companies stemming from the U.S. government's partial breach of its contract for the disposal of spent nuclear fuel. In determining the amount of damages, the trial...

Nuclear Waste Policy Act (NWPA)

Adams v. Wisconsin Livestock Facilities Siting Review Board

42 ELR 20149
2009AP608 (Wis., July 2012)

The Supreme Court of Wisconsin held that under state law, a town may not impose conditions on a livestock siting permit to protect surface and groundwater. The state legislature has strictly limited the ability of political subdivisions to regulate the livestock facility siting process. The town...

Agriculture, Water quality

Tinicum Township v. United States Department of Transportation

42 ELR 20151
11-1472 (3d Cir., July 2012)

The Third Circuit denied petitions for review under NEPA challenging the FAA's approval of an expansion project at the Philadelphia International Airport. The FAA prepared an EIS and conducted an air quality analysis to meet the overlapping requirements of NEPA and the CAA, and EPA submitted...

Airports

Appleton Papers Inc. v. George A. Whiting Paper Co.

42 ELR 20150
08-C-16 (E.D. Wis., July 2012)

A district court held that a paper company that sold "broke," a byproduct of its manufacturing process, to paper recyclers was not an arranger under CERCLA for PCB contamination in a river. The company lacked knowledge that broke could be hazardous; it invested money and labor in treating,...

Arrangers

Delaware Dept. of Natural Resources & Environmental Control v. U.S. Army Corps of Engineers

42 ELR 20147
11-1283 et al. (3d Cir., July 2012)

The Third Circuit held that a U.S. Army Corps of Engineers complied with NEPA, the CWA, and the CZMA in its decision to deepen the main channel of the Delaware River by five feet. The Corps' 2009 EA was neither arbitrary nor capricious. The Corps complied with the procedural requirements...

Water-related projects, Certification requirements, State certification, §401

League of Wilderness Defenders v. United States Forest Service

42 ELR 20145
3:10-CV-01397 (D. Or., June 2012)

A district court held that the U.S. Forest Service violated NEPA, but not the NFMA, in approving the use of herbicides to control invasive plant species in the Wallowa-Whitman National Forest. The Wallowa-Whitman National Forest comprises 2.3 million acres in the northeast corner of Oregon and...

Cumulative impacts, Wallowa-Whitman National Forest

United States v. CB & I Constructors, Inc.,

42 ELR 20146
10-55371 (9th Cir., June 2012)

The Ninth Circuit upheld a jury's award of $28.8 million in intangible environmental damages for harm caused by a wildfire negligently caused by a construction company that burned roughly 18,000 acres of the Angeles National Forest in Southern California. The company did not contest its...

National forests

W.M. Barr & Co. v. South Coast Air Quality Management Dist.

42 ELR 20148
B233892 (Cal. App. 2d Dist., June 2012)

A California appellate court upheld a local air district rule that requires manufacturers of consumer paint thinner and solvent products to limit the use of ozone-forming volatile organic compounds (VOCs) in their products. The district issued to rule to satisfy its federal CAA commitments....

Ozone-depleting chemicals, Preemption

Clean Harbors, Inc. v. CBS Corp.

42 ELR 21044
10-2017-JPO (D. Kan., June 2012)

A district court dismissed a landfill owner's RCRA action in which it sought an injunction requiring the former owner to perform certain remedial and investigative actions at the site. EPA issued the former owner a RCRA cleanup order and permit in 1998. In 2002, the current owner purchased the...

Claims barred