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Weekly Cases Update Volume 42, Issue 31

Styrene Information & Research Center v. Office of Environmental Health Hazard Assessment

ELR 20223
C064301 (Cal. Ct. App. 3d Dist., October 2012)

A California appellate court affirmed a lower court decision prohibiting the inclusion of styrene and vinyl acetate as possible carcinogens on the state's Proposition 65 list. The Proposition 65 list is limited to chemicals for which it has been determined, either by the Office of Environmental...

Proposition 65, Toxic Substances (generally)

Tuolumne Jobs & Small Business Alliance v. Superior Court of Tuolumne County

ELR 20224
F063849 (Cal. Ct. App. 5th Dist., October 2012)

A California appellate court held that a city council may not skip California Environmental Quality Act (CEQA) review for a development project by using Election Code §9214(a) to approve the project via a voter petition instead of holding an election under §9214(b). When a development project is...

Environmental Assessment/Impact Statement, Exemptions

Indiana Gas Co. v. Indiana Finance Authority

ELR 20226
93A02-1112-EX-1141 (Ind. Ct. App., October 2012)

An Indiana appeals court reversed the Indiana Utility Regulatory Commission's approval of a purchase and sales agreement for "substitute natural gas" an energy company plans to produce at its new coal gasification plant. The contract meets the common law definition of an enforceable contract. It...

Energy (generally), Indiana

Friends of the Everglades v. United States Environmental Protection Agency

ELR 20222
08-13652 (11th Cir., October 2012)

The Eleventh Circuit held it lacked jurisdiction over several petitions for review of an EPA decision that allows a water district to transfer water from the polluted canals of the Everglades Agricultural Area into Lake Okeechobee without a CWA discharge permit. CWA §509(b)(1)(E) grants original...

Judicial review, §509

Town of Babylon v. Federal Housing Finance Agency

ELR 20227
11-3408-cv, 11-3285-cv (2d Cir., October 2012)

The Second Circuit upheld the dismissal of two lawsuits challenging a Federal Housing Finance Agency (FHFA) directive directing Fannie Mae and Freddie Mac to take "prudential actions" to protect themselves against risks raised by Property Assessed Clean Energy (PACE) programs that impose...

Energy (generally)

Garland v. Central Valley Regional Water Quality Control Board

ELR 20225
C067130 (Cal. Ct. App. 3d Dist., October 2012)

A California appellate court upheld a local water board's $250,000 administrative civil liability order issued against a developer for CWA permit violations. The board issued the order after concluding that the developer discharged sediment-laden waters into ephemeral drainages adjacent to a...

EPA jurisdiction