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Weekly Cases Update Volume 43, Issue 32

California Chamber of Commerce v. California Air Resources Board

43 ELR 20249
34-2012-80001313 (Cal. Super. Ct., November 2013)

A California court upheld the California Air Resource Board's (CARB's) authority to sell greenhouse gas allowances at auction under the California Global Warming Solutions Act of 2006, also known as Assembly Bill 32 (AB 32). As in its...

Climate Change, Climate Change (generally)

Natural Resources Defense Council v. United States Environmental Protection Agency

43 ELR 20248
12-70268 (9th Cir., November 2013)

The Ninth Circuit granted in part and denied in part an environmental group's petition challenging EPA's conditional registration of a pesticide that uses nanosilver to suppress the growth of microbes that cause odors, stains, discoloration, and degradations in manufactured textiles such as...

Nanotechnology, Pesticides

Parker Shattuck Neighbors v. Berkeley City Council

43 ELR 20250
A136873 (Cal. Ct. App. 4th Dist., November 2013)

A California appellate court, in an unpublished opinion, dismissed residents' lawsuit challenging a city's decision not to prepare an environmental impact report (EIR) under the California Environmental Quality Act (CEQA) for a proposed mixed-use commercial and residential project. The residents...

Environmental Assessment/Impact Statement, Environmental impact reports (EIRs)

Protect Our Communities Foundation v. Salazar

43 ELR 20247
12-2211 (S.D. Cal., November 2013)

A district court dismissed a complaint challenging DOI's approval of the Ocotillo Wind Energy Facility Project, a utility-scale wind power project in the Sonoran Desert in Imperial County, California, under NEPA and the Migratory Bird Treaty Act (MBTA). The purpose and need statement set forth...

Energy (generally), Energy resource projects, Mitigation

Elizondo v. Royalty Metal Furnishing, Inc.

43 ELR 20252
13-1631 (S.D. Tex., October 2013)

A district court dismissed residents' lawsuit against a city for allowing a metals finishing plant to use and store acids and other dangerous chemicals. The residents' only factual allegation against the city is that it zoned the property at issue as a commercial or industrial use area and...

Hazardous, Is not violated by, Zoning

Broussard v. Chevron USA, Inc.

43 ELR 20251
22-cv-01446 (W.D. La., October 2013)

A district court held that it would not waive the statute of limitations in a breach of contract case filed by the heirs of a cattle rancher against an oil company for contaminating the rancher's property. The suit stems from the company's oil and gas operations in the 1960s and 1970s. The...

Breach, Contaminated Sites/Brownfields