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Weekly Cases Update Volume 43, Issue 22

Natural Resources Defense Council, Inc. v. California Department of Public Health

ELR 20174
RG12-643520 (Sup. Ct. Cal., July 2013)

A California court held that the California Department of Public Health must adopt a final primary drinking water standard for hexavalent chromium. The state legislature commanded the department to adopt a standard by January 1, 2004; the department is therefore in ongoing violation of its...

Drinking water, Water (generally)

National Ass'n of Home Builders v. United States Environmental Protection Agency

ELR 20179
13-0078 (D.D.C., July 2013)

A district court dismissed a homebuilder association's lawsuit against EPA and the U.S. Army Corps of Engineers challenging their determination that portions of the Santa Cruz River are traditional navigable waters (TNW) under the CWA. The association lacks standing because it failed to allege a...

Federalism issues, Standing, Navigable Waters

Voggenthaler v. Maryland Square LLC

ELR 20177
10-17520 et al. (9th Cir., July 2013)

The Ninth Circuit affirmed in part and reversed in part a lower court decision granting summary judgment in favor of homeowners and the Nevada Division of Environmental Protection in a CERCLA and RCRA case involving soil and groundwater contamination under a Las Vegas shopping center. The...

Commerce Clause, Hazardous wastes & substances

Southern Appalachian Mountain Stewards v. A&P Coal Corp.

ELR 20178
2:12CV00009 (W.D. Va., July 2013)

A district court held that a mining company is liable under the CWA for the unpermitted discharge of selenium at one its surface mines. The company did not dispute that it has been discharging selenium from the mine, nor did it contest the fact that its permit contains no explicit authorization...

Held not included, Violations