Weekly Cases Update Volume 43, Issue 7

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 43, Issue 15

ELR 2010411-796(U.S., )

The U.S. Supreme Court held that patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission.

Keywords:
Agriculture
ELR 2010712-1999(4th Cir., )

The Fourth Circuit upheld the U.S. Army Corps of Engineers' decision to issue a CWA §404 fill permit to a surface mine in West Virginia. Environmental groups challenged the permit on two grounds.

Keywords:
Corps of Engineers permits
ELR 2010912-60291(5th Cir., )

The Fifth Circuit affirmed a lower court decision that the doctrine of res judicata bars individuals' trespass, nuisance, and negligence claims against numerous oil, coal, electric, and chemical companies for damages stemming from Hurricane Katrina.

Keywords:
Climate Change (generally), Held to bar suit
ELR 20106BS132487(Cal. Super. Ct., )

A California court ordered a city to set aside its approval of a development project until it complies with the California Environmental Quality Act (CEQA). The environmental impact report for the project failed to summarize documents incorporated by reference in violation of CEQA guidelines.

Keywords:
Environmental impact reports (EIRs)
ELR 2010811-1079(D.D.C., )

A district court upheld the U.S. Department of Health and Human Services' (HHS') decision to list styrene in its Twelfth Report on Carcinogens, which identifies agents, substances, mixtures, and exposure circumstances that are known or reasonably anticipated to cause cancer in humans.

Keywords:
Toxic Substances (generally)
ELR 20110 5-08-CV-460, -463(E.D.N.C., )

A district court denied an electric company's motion for reconsideration of a previous ruling that genuine issues of material fact preclude a finding of summary judgment in a contribution case concerning the Ward Transformer Superfund site.

Keywords:
Arrangers

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