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Weekly Cases Update Volume 43, Issue 33

National Ass'n of Regulatory Utility Commissioners v. United States Department of Energy

43 ELR 20254
11-1066 (D.C. Cir., November 2013)

The D.C. Circuit held that so long as DOE has no viable alternative to Yucca Mountain as a depository for nuclear waste, it may not charge nuclear power plant operators an annual fee to cover the cost of that disposal. The court...

Nuclear Waste Policy Act (NWPA)

Banning, City of v. Dureau

43 ELR 20257
12-00043 (C.D. Cal., November 2013)

A district court held that the owner of a vacant property is liable under CERCLA for the release of hazardous waste intentionally caused by trespassers. The owner, who left oil drums on the property, claimed she was entitled to the innocent landowner defense. But she failed to show by a...

"Innocent landowner" defense, Owners and operators

Black Warrior Riverkeeper, Inc. v. Black Warrior Minerals, Inc.

43 ELR 20256
12-15409 (11th Cir., November 2013)

The Eleventh Circuit upheld the dismissal of environmental groups' citizen suit against a coal mine for new source performance standard (NSPS) violations under the CWA. A citizen suit that alleges that a discharger violated its permit is subject to the general rule of notice and a 60-day waiting...

Notice requirements, §505(b), New source performance standards (NSPS), §306

Coppola v. Smith

43 ELR 20255
11-01257 (E.D. Cal., November 2013)

A district court dismissed, with leave to amend, a dry cleaning business owner's CERCLA claims against a water company for soil and groundwater contamination. The owner alleged that the water company's operation of a nearby well led to the release of perchloroethylene (PCE). But the complaint...

Held not included

VFC Partners 26, LLC v. Cadlerocks Centennial Drive

43 ELR 20253
13-1128 (1st Cir., November 2013)

The First Circuit reversed in part a lower court's judgment in favor of a lender in a dispute concerning environmental testing expenses associated with a foreclosure on a parcel of land following a loan default. The lender and borrower entered an environmental indemnity agreement under which the...

Purchase agreements