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Weekly Cases Update Volume 43, Issue 23

In re Aiken County

43 ELR 20190
1101271 (D.C. Cir., August 2013)

The D.C. Circuit ordered NRC to resume processing of DOE's pending license application to store nuclear waste at Yucca Mountain. The Nuclear Waste Policy Act requires NRC to issue a final decision approving or disapproving the application within three years of its submission. DOE submitted its...

High-level radioactive waste, Nuclear Regulatory Commission (NRC)

Phillips 66 Pipeline LLC v. Rogers Cartage Co.

43 ELR 20187
11-cv-497 (S.D. Ill., August 2013)

A district court held that a cartage company that leased a parcel of land in the 1960s may be held liable for response costs the property owner incurred at the site under CERCLA as an operator, transporter, or arranger, but not as an owner. In its motion for partial summary judgment as to the...

Arrangers, Owners and operators

Doe Run Resources Corp. v. Environmental Protection Agency

43 ELR 20189
12-1345 (D.C. Cir., August 2013)

The D.C. Circuit denied petitions challenging EPA's revised NESHAPs for primary lead processing operations. Despite petitioners' argument to the contrary, EPA's use of the lead NAAQS as a benchmark in setting a NESHAP for lead compounds does not violate the CAA's prohibition on regulating...

Hazardous air pollutants, §112

Litgo New Jersey, Inc. v. New Jersey Department of Environmental Protection

43 ELR 20188
12-1288, -1418 (3d Cir., August 2013)

The Third Circuit, in a case involving a contaminated site in New Jersey, affirmed in part and reversed in part a lower court decision finding the former owner of the site liable to the current owner under CERCLA but not RCRA. The lower court ruled that the current owner's claim for injunctive...

Judicial review, §7006, New Jersey, Owners and operators

Powell v. Tosh

43 ELR 20186
5:09-CV-00121 (W.D. Ky., August 2013)

A district court decertified a class of Kentucky residents who filed nuisance claims against a neighboring hog farm. The court previously determined that commonality existed because the residents had all asserted that the farmer's conduct at a single hog barn had caused them the same injury. But...

Air pollution, Common questions, FRCP 23(b)(3)