Jump to Navigation
Jump to Content

Weekly Cases Update Volume 42, Issue 30

Bronx Committee for Toxic Free Schools v. New York City School Construction Authority

ELR 20219
171 (N.Y., October 2012)

New York's highest court held that the New York City School Construction Authority's EIS for the construction of a campus of four public schools in an area formerly used as a railroad yard violated the State Environmental Quality Review Act (SEQRA). Because the site contains significant soil and...

Environmental Assessment/Impact Statement, Environmental impact statement

Chung v. City of Monterey Park

ELR 20218
B233859 (Cal. Ct. App. 2d Dist., October 2012)

A California appellate court held that a local ballot measure requiring a city to seek competitive bidding for future trash service contracts was not a "project" under the California Environmental Quality Act (CEQA) subject to environmental review. A city resident alleged that the city violated...

Environmental Assessment/Impact Statement, General

Center for Biological Diversity v. United States Bureau of Land Management

ELR 20211
10-72356 et al. (9th Cir., October 2012)

The Ninth Circuit vacated and remanded FWS' biological opinion for a pipeline project involving the construction, operation, and maintenance of a 678-mile, 42-inch-diameter natural gas pipeline extending from Wyoming to Oregon. The right-of-way for the pipeline encompasses approximately 2,291...

Biological opinion, §7(b)

Preserve Wild Santee v. City of Santee

ELR 20220
D055215 (Cal. Ct. App. 4th Dist., October 2012)

A California appellate court held that a city's certification of an environmental impact report (EIR) for a development project covering 2,600 acres of undeveloped land for single-family dwelling units and a village center violated the California Environmental Quality Act (CEQA). Below, the...

Environmental Assessment/Impact Statement, Environmental impact reports (EIRs)

National Solid Wastes Management Ass'n v. City of Dallas

ELR 20215
3:11-cv-3200 (N.D. Tex., October 2012)

A district court enjoined a county from enforcing a solid waste flow control ordinance that, among other things, requires all waste collected in the city to be disposed of at a city landfill. The city had entered into franchise contracts with a number of haulers that allowed them to dispose of...

Collection and disposal, Solid waste

Bell v. Cheswick Generating Station

ELR 20221
2:12-cv-929 (W.D. Pa., October 2012)

A district court held that the CAA preempts individuals' tort law action against a coal-fired power plant for property damage stemming from the plant's air emissions. In essence, the individuals' complaint attacks the plant's air emissions and asks the court to regulate them. But the CAA...

Held preempted

Cyprus Amax Minerals Co. v. CBS Operations, Inc.

ELR 20216
11-CV-252-GKF-PJC (N.D. Okla., October 2012)

A district court held that the bar to transfer of CERCLA liability applies to contribution claims brought between and among third parties, not just the U.S. government. CERCLA §107(e)(1) provides that "no indemnification, hold harmless, or similar agreement or conveyance shall be effective to...

Liability, §107

Sierra Club v. 22nd District Agricultural Ass'n

ELR 20213
37-2011-00091507-CU-TT-CTL (Sup. Ct. Cal., October 2012)

A California court dismissed all but three claims raised by an environmental group challenging a county's environmental impact report for a fairground expansion project. The group raised concerns about impacts of the proposed development on wetlands, biological resources, traffic, greenhouse...

California Environmental Quality Act (CEQA), Environmental Assessment/Impact Statement

Asarco v. NL Industries

ELR 20214
4:11-CV-00864-JAR (E.D. Mo., September 2012)

A district court denied a mining company's motion to dismiss a smelting company's contribution claim against it for response costs and natural resources damages incurred at an old smelting operation in the Southeast Missouri Mining District. The mining company argued that the smelting company,...

Claims not barred

Wildearth Guardians v. Lamar Utilities Board

ELR 20212
1:09-cv-02974-DME-BNB (D. Colo., September 2012)

A district court held that utilities violated CAA §112(g) by upgrading an existing power plant in Lamar, Colorado, from a natural gas-fired plant into a coal-fired one without receiving a maximum achievable control technology (MACT) determination. When the state environmental agency first issued...

Maximum achievable control technology (MACT)