Weekly Cases Update Volume 43, Issue 8

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 18

ELR 2013612-3498(8th Cir., )

The Eighth Circuit held that pollution exclusion clauses preclude an insurance company's duty to defend a lead producer in an underlying lawsuit alleging damages stemming from the release of hazardous wastes or toxic substances, but they do not preclude coverage in a lawsuit alleging that th

Keywords:
Pollution exclusion clause, Lead
ELR 2013409-2270(D.N.J., )

A district court held, in an unpublished opinion, that a company that sold its facility, including equipment that contained asbestos dust and waste, may not be held liable as an owner or operator or as an arranger under CERCLA.

Keywords:
Arrangers, Owners and operators
ELR 2013912-1730(1st Cir., )

The First Circuit vacated and remanded a lower court decision dismissing a recycling company's lawsuit that disposable food container manufacturers and two trade associations refused in concert to deal with the company in a closed-loop recycling business method for polystyrene food service p

Keywords:
Recycling, The Sherman Act
ELR 20138161A12(N.C., )

The North Carolina Supreme Court held an injured person may not bring a civil action against a defendant under the Sedimentation Pollution Control Act of 1973 (SPCA) when the defendant has received notices of noncompliance but has not been cited for a violation of a relevant law, rule, order, or

Keywords:
Sedimentation Pollution Control Act
ELR 2013211-5353(D.C. Cir., )

The D.C. Circuit upheld FWS's determination that sport-hunted polar bear "trophies" may no longer be imported into the United States under the Marine Mammals Protection Act (MMPA) as of the effective date of the ESA listing rule for the species.

Keywords:
Marine Mammal Protection Act, Polar bear
ELR 201331-03-cf-00308(S.D.N.Y., )

A district court ordered three men to pay South Africa $29.5 million in restitution for illegally harvesting and importing into the United States large quantities of West Coast rock lobsters from South African waters in violation of the Lacey Act.

Keywords:
Lacey Act
ELR 2013712-10470(5th Cir., )

The Fifth Circuit held that the CAA does not preempt a local ordinance that allows taxicabs certified to run on compressed natural gas (CNG) to cut ahead of gasoline-powered taxis in the queue for picking up passengers at Love Field Airport in Dallas.

Keywords:
Held not preempted, Air pollution
ELR 20131CV-11-15-GF-SEH(D. Mont., )

A district court dismissed environmental groups' claims that BLM failed to adequately consider climate change, global warming, and greenhouse gases (GHGs) in violation of NEPA before it approved oil and gas leases on federal land in Montana in 2008 and 2010.

Keywords:
Climate Change (generally), Oil and gas lease, Held not satisfied
ELR 2013512-2215(8th Cir., )

The Eighth Circuit held that under Missouri law, an insurance company has no duty to defend a lead producer in an underlying lawsuit alleging environmental property damage resulting from the lead producer's mine and mill operations.

Keywords:
Lead, Held to bar

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