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Weekly Cases Update Volume 43, Issue 31

Huron Mountain Club v. United States Army Corps of Engineers

43 ELR 20245
No. 12-2217 (6th Cir., October 2013)

The Sixth Circuit, in an unpublished opinion, denied a wildlife preserve's motion to preliminarily enjoin a mining company from constructing and operating a nickel and copper mine in Marquette, Michigan, and to compel the U.S. Army Corps of Engineers to force a federal permitting request. The...

Injunctions, Permit issuance

Ridge Seneca Plaza, LLC v. BP Products North America Inc.

43 ELR 20244
No. 12-4754 (2d Cir., October 2013)

The Second Circuit, in a summary order, affirmed a lower court decision dismissing a property owner's lawsuit against a nearby gas station operator for contaminating the owner's shopping plaza and against a cleanup contractor for failing to detect the contamination or warn of its potential...

Contaminated Sites/Brownfields, Contracts

Appalachian Voices v. McCarthy

43 ELR 20243
No. 12-0523 (D.D.C., October 2013)

A district court ordered EPA to submit within 60 days a schedule on when it proposes to complete its review and revision of its RCRA Subtitle D coal ash regulations. In 1980, Congress amended RCRA by adding §3001(b)(3)(A)(ii), known as the Bevill Amendment, to prohibit EPA from regulating mining...

Identification and listing, §3001

Association of Public Agency Customers v. Bonneville Power Administration

43 ELR 20242
No. 11-73178 (9th Cir., October 2013)

The Ninth Circuit approved a settlement agreement between the Bonneville Power Administration (BPA) and a large number of its energy customers that sets terms for refunding customers who were previously overcharged as well as new rate terms for the next 17 years. BPA argued that the plaintiff—a...

Bonneville Power Administration (BPA), Settlement agreements

California Clean Energy Committee v. City of San Jose

43 ELR 20246
No. H038740 (Cal. App. 6th Dist., September 2013)

A California appellate court reversed a lower court decision dismissing a clean energy group's petition challenging a city's certification and approval of an environmental impact report (EIR) prepared for a proposed update to the city's general plan. The group argued that the approved final EIR...

Environmental impact reports (EIRs)