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 13

ELR 20097No. 11-30471(5th Cir., )

The Fifth Circuit held that the CWA does not provide citizens the right to sue to enforce the conditions of §404 permits.

Keywords:
Citizen suits, §505
ELR 20096No. 11-15053(11th Cir., )

The Eleventh Circuit upheld a lower court decision that a Native American tribe was not entitled to attorney fees in an underlying case in which it sought to enjoin a Florida water district from pumping polluted canal water into Lake Okeechobee.

Keywords:
Fees denied
ELR 20099No. 11-2210(4th Cir., )

The Fourth Circuit held that the Federal Highway Administration and the North Carolina Department of Transportation violated NEPA when they approved the construction of a 20-mile toll road.

Keywords:
Alternatives, §102(2)(E)
ELR 20094COA11-246(N.C. Ct. App., )

A North Carolina appellate court held that a state statute that places limitations on the size and location of solid waste landfills does not violate the Commerce Clause by discriminating against out-of-state waste. It is undisputed that the statute, N.C. Gen. Stat.

Keywords:
Waste facility siting, Collection and disposal
ELR 20095Nos. A-4620-10T2 et al.(N.J. Super. Ct. App., )

A New Jersey appellate court held that two defendants in a state environmental cleanup suit may seek contribution from numerous third parties under the New Jersey Spill Compensation and Control Act.

Keywords:
Hazardous, New Jersey Spill Act
ELR 20098No. D058329(Cal. App. 4th Dist., )

A California appellate court affirmed a lower court decision denying agricultural water users' claim that an irrigation district violated the California Environmental Quality Act (CEQA) when it adopted regulations for the distribution of water in the event of an actual or potential water

Keywords:
California Environmental Quality Act (CEQA), Irrigation