Weekly Cases Update Volume 43, Issue 10

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 43, Issue 24

ELR 2019111-1311(D.C. Cir., )

The D.C. Circuit remanded EPA's "maximum achievable control technology" (MACT) standards for sewage sludge incinerators under CAA §129.

Keywords:
Solid waste combustion, §129
ELR 2019512-4216(3d Cir., )

The Third Circuit held that the CAA does not preempt state law tort claims brought by private property owners against a source of pollution located within the state.

Keywords:
Held not preempted
ELR 2019411-4406 et al.(3d Cir., )

The Third Circuit affirmed a lower court decision dismissing the U.S. government's lawsuit against the current and former owners of a coal-fired power plant in Indiana County, Pennsylvania, for alleged CAA violations that took place 15-20 years earlier.

Keywords:
Preconstruction requirements, §165
ELR 2019312-71506(9th Cir., )

The Ninth Circuit upheld the dismissal of an environmental group's challenge to a CAA permit that allows an oil company to conduct "pollutant emitting activities" associated with a drilling vessel in the Beaufort Sea off Alaska's North Slope.

Keywords:
Operating permits,§§501-507
ELR 2020011-cv-00400(C.D. Cal., )

A district court dismissed groups' lawsuit challenging BLM's approval of a 370-megawatt utility-scale solar power plant currently under construction in the Mojave Desert.

Keywords:
Energy (generally), Discussion of, held adequate
ELR 2020112-707-cv (L), 12-791-cv (XAP)(2d Cir., )

The Second Circuit upheld a lower court's 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 legislativ

Keywords:
Vermont, Held preempted
ELR 2019912-1726(D.D.C., )

A district court held that a nonprofit law firm may conduct limited discovery in connection with its FOIA request for records regarding any EPA rule or regulation for which public notice has not been made, but which was contemplated or under consideration for public notice, between January 1, 201

Keywords:
Freedom of Information Act (FOIA)
ELR 2019812-2059(3d Cir., )

The Third Circuit held that a PRP that entered into a consent decree resolving its state-law liability with the commonwealth of Pennsylvania in connection with contamination at an industrial facility may seek contribution under CERCLA from a second PRP.

Keywords:
Claims not barred, Claims barred
ELR 2019712-2969(7th Cir., )

The Seventh Circuit reversed a lower court decision finding a Wisconsin mine operator liable under the CWA for discharging copper into navigable waters without a permit.

Keywords:
State programs, §402(b), Held included, Water quality
ELR 2019687703-3(Sup. Ct. Wash., )

The Supreme Court of Washington upheld an administrative order the state environmental agency issued to a farmer, directing him to take several steps to curb pollution of a creek that runs through his property.

Keywords:
Nonpoint source pollution, Water pollution