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Weekly Cases Update Volume 43, Issue 14

Alaska Community Action v. U.S. Environmental Protection Agency

43 ELR 20102
12-1299 (D.D.C., May 2013)

A district court dismissed as time barred environmental groups' CWA and APA claims challenging EPA's list of dispersants and other projects that may be used in the event of an oil spill. The groups asserted that the list, called the NCP Product Schedule, fails to specify the waters or quantities...

Statute of limitations

Los Angeles, City of v. Great Basin Unified Air Pollution Control District

43 ELR 20103
1:12CV1683 (E.D. Cal., May 2013)

A district court dismissed a city's lawsuit against California state and local air districts challenging fees it must pay to mitigate wind-blown dust from a dry lake bed that exceed state and federal air standards. Section 42316 of the California Health and Safety Code authorized the district to...

California Health and Safety Code, National ambient air quality standards (NAAQS), §109

Clean Fuel LLC v. United States

43 ELR 20101
12-79 (Fed. Cl., April 2013)

The Federal Claims Court held that §1603(a) of the American Recovery and Reinvestment Tax Act of 2009, which requires partial reimbursement for certain "energy property," does not give rise to a claim for consequential damages resulting from the denial of such reimbursement. After the U.S....

Energy (generally)

United States v. Southern Union Co.

43 ELR 20100
07-134 (D.R.I., April 2013)

A district court held that community service having a value no more than $500,000 would be an appropriate sentence for a pipeline operator that stored liquid mercury at one of its facilities without a permit. Below, a trial court imposed an $18 million fine against the company, but the sentence...

Civil penalty provisions, §3008(g)