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Weekly Cases Update Volume 44, Issue 11

Citizens for Pennsylvania's Future v. Pittsburgh Water & Sewer Authority

ELR 20083
12-943 (W.D. Pa., April 2014)

A district court dismissed an environmental groups' citizen suit against a water authority for alleged CWA and state law violations in connection with the discharge of stormwater from a municipal separate storm sewer system to the Allegheny River. The groups did not argue that the authority...

Violations

Sierra Club v. Tahoe Regional Planning Agency

ELR 20079
2:13-cv-00267 (E.D. Cal., April 2014)

A district court upheld the Tahoe Regional Planning Agency's latest land use and development plan for the Lake Tahoe Area Basin, located along the California and Nevada border. The updated plan, issued in 2012, includes the agency's adoption of a regional transportation plan and the...

State land-use planning laws

El Paso Natural Gas Co. v. United States

ELR 20082
12-5156 (D.C. Cir., April 2014)

The D.C. Circuit largely upheld the dismissal of a Native American tribe's RCRA and Uranium Mill Tailings Radiation Control Act claims against the United States and various federal agencies in connection with a former uranium mill and two hazardous waste facilities located on Navajo land. In...

Native American land

Ohio Valley Environmental Coalition, Inc. v. Alex Energy, Inc.

ELR 20080
2:12-3412 (S.D.W. Va., March 2014)

A district court issued a memorandum opinion and order holding that the West Virginia Department of Environmental Protection may temporarily, but not indefinitely, suspend the requirement that permit holders that do not have selenium limits or monitoring and reporting requirements on their face...

State programs, §402(b)

NL Industries, Inc. v. ACF Industries

ELR 20081
10-CV–89 (W.D.N.Y., March 2014)

A district court granted in part and denied in part motions to dismiss a corporation's CERCLA suit against an electronics company for costs incurred cleaning up lead contamination at a New York Superfund site. The electronics company, which had operated a steel plant and foundry on the site,...

Contribution, §113(g)(3)