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Weekly Cases Update Volume 44, Issue 10

C&A Carbone, Inc. v. County of Rockland

44 ELR 20075
08-cv-6459-ER (S.D.N.Y., March 2014)

A district court upheld the constitutionality of a New York county's solid waste flow control ordinance that directs all solid waste generated within the county to designated publicly owned but privately operated processing facilities. Solid waste companies alleged that, by preventing non-...

Collection and disposal, Market participant exception

Pebble Ltd. Partnership v. Lake & Peninsula Borough

44 ELR 20074
3DI-11-00053 (Super. Ct. Alaska, March 2014)

An Alaska court held that state law impliedly preempts a ballot initiative that would allow a local borough to prohibit the issuance of a permit for large-scale mines that would have a significant adverse impact on salmon-bearing waters. The court rejected the state's claim that the initiative,...

Mining

Merrick v. Diageo Americas Supply, Inc.

44 ELR 20078
3:12-CV-334 (W.D. Ky., March 2014)

A district court held that the CAA does not preempt landowners' state common-law tort claims against a whiskey distillery for property damage. The landowners alleged that emissions from the distillery caused "whisky fungus" to grow on their property. The distillery filed a motion to dismiss,...

Held not preempted