The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.
Volume 42, Issue 4
A district court dismissed a property owner's RCRA claim against an oil company for benzene contamination present in the basement of one of his buildings. The evidence fails to establish that there may be an imminent and substantial danger to human health or the environment.
A district court dismissed a property owner's CERCLA claim for costs incurred responding to PCB contamination allegedly caused by an oil recycling company. The owner alleged that the company spilled PCBs on the site.
A district court held that BP must indemnify Halliburton Energy Services for third-party compensatory claims related to the Deepwater Horizon disaster under its drilling contract.
A New York trial court held that the state environmental agency's general permit for stormwater discharges from municipal separate storm sewer systems (MS4) violates the CWA and state law.
A California appellate court reversed a lower court decision upholding a county's adoption of an oak woodland management plan and mitigation fee program without preparing an environmental impact report (EIR) under the California Environmental Quality Act (CEQA).
The Ninth Circuit held that EPA's approval of the 2004 SIP for the San Joaquin Valley nonattainment area for the one-hour ozone NAAQS was arbitrary and capricious. Although it approved the SIP in 2010, EPA's approval was based on data current only as of 2004.
The Federal Circuit, in a case involving an electronics manufacturer's challenge to excise taxes on the use of ozone depleting chemicals (ODCs), reversed a lower court decision ordering the IRS to disclose to the manufacturer its excise tax audits of other companies.
The Second Circuit vacated a preliminary injunction enjoining residents from the Lago Agrio region of the Ecuadorian Amazon from enforcing a multibillion dollar judgment awarded by an Ecuadorian court against an oil company for environmental pollution.
A district court issued a permanent injunction barring the state of Vermont from bringing an enforcement action, or taking other action, to compel the Vermont Yankee nuclear power plant to shut down after its license expires on March 21, 2012, if it fails to obtain legislative approval to con