Weekly Cases Update Volume 42, Issue 7

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 15

ELR 201061:11 CV 2578(N.D. Ohio, )

A district court held that a company may go forward with its RCRA claim against the former owner, but not the current owner, of adjacent property for groundwater contamination.

Keywords:
Imminent and substantial endangerment, §7002(a)(1)(B)
ELR 2010811 Civ. 0691(S.D.N.Y., )

A district court denied motions to dismiss an oil company's racketeering claims against an attorney and his clients, a group of Ecuadorians, who were awarded a multibillion dollar judgment by an Ecuadorian court for environmental pollution in the Amazon.

Keywords:
South America
ELR 201093:10-1981(M.D. Pa., )

A district court held that residents may add four new defendants in their lawsuit against energy companies for alleged water contamination due to hydraulic fracturing operations near their homes.

Keywords:
Energy (generally), Hazardous Sites Cleanup Act, Negligence
ELR 20107S-00-113 LKK/JFM(E.D. Cal., )

A district court awarded a company $140,500.72 in costs stemming from an underlying CERCLA case. The company was a prevailing party in the underlying action and is therefore entitled to the costs it seeks.

Keywords:
"Prevailing party" construed
ELR 20105B234353(Cal. Ct. App. 2d Dist., )

A California appellate court held that the California Coastal Commission exceeded its jurisdiction when it approved amendments to a city's certified local coastal program at the request of state agencies and over the objection of the city.

Keywords:
Land use

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