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Weekly Cases Update Volume 43, Issue 29

Washington Environmental Council v. Bellon

ELR 20231
12-35323 et al (9th Cir., October 2013)

The Ninth Circuit held that environmental groups lacked standing to compel the Washington State Department of Ecology and other regional agencies to regulate greenhouse gas emissions from the state's five oil refineries under the CAA. The groups claimed that the agencies failed to define...

Climate Change (generally), Held not satisfied, Held not satisfied

State Department of Finance v. Commission on State Mandates

ELR 20230
B237153 (Cal. Ct. App. 2d Dist., October 2013)

A California appellate court held that California's Commission on State Mandates erred in ruling that certain requirements set forth in a municipal stormwater sewer permit for Los Angeles County constituted unfunded state mandates subject to reimbursement under the state constitution. Although...

Subvention

New York v. Next Millennium Realty, LLC

ELR 20229
12-2894-cv (2d Cir., October 2013)

The Second Circuit vacated and remanded a lower court decision dismissing as time barred New York's CERCLA claims against several defendants for costs a town incurred investigating and addressing groundwater contamination stemming from the New Cassel Industrial Area. The lower court held that...

Response costs, §113(g)(2)

Sierra Club v. United States Environmental Protection Agency

ELR 20233
13-cv-2809-YGR (N.D. Cal., October 2013)

A district court denied industry groups' motion to intervene in a CAA citizen suit concerning EPA's alleged failure to review the ozone NAAQS in a timely manner. The underlying lawsuit concerns whether EPA has failed to perform a mandatory duty to review the ozone air quality standards, and...

Intervention, FRCP 24, Review and revision, §109(d)

Stratford Holding, LLC v. Foot Locker Retail Inc.

ELR 20232
CIV-12-0772-HE (W.D. Okla., October 2013)

A district court held that a property owner may go forward with its CERCLA claims against several retail stores in connection with contamination stemming from the property, but dismissed the owner's RCRA claims. The owner entered into a consent order with Oklahoma's environmental agency that set...

Judicial review, §7006

Nez Perce Tribe v. United States Forest Service

ELR 20234
3:13-CV-348-BLW (D. Idaho, September 2013)

A district court issued an injunction ordering the U.S. Forest Service to prohibit industrial equipment—known as "mega-loads"—headed for the Alberta Sands from being transported along a highway that runs through the Nez Perce Reservation and the Nez Perce-Clearwater National Forest until certain...

Injunctions, Nez Perce National Forest, Idaho