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Weekly Cases Update Volume 44, Issue 14

Monroe Energy, LLC v. Environmental Protection Agency

44 ELR 20100
13-1265 (D.C. Cir., May 2014)

The D.C. Circuit upheld EPA's renewable fuels standard (RFS) for 2013. Because EPA reduced the cellulosic ethanol blending requirement for 2013 but not the total renewable fuel volume, petroleum refiners filed suit arguing the rule should be vacated. The court disagreed. The CAA provides that if...

Fuels regulation, §211

In re September 11 Litigation

44 ELR 20104
10-4197 (2d Cir., May 2014)

The Second Circuit upheld a lower court decision dismissing a developer's CERCLA indemnity claim for remediation costs it incurred as the owner of a building contaminated by toxic dust from the September 11, 2001, attack on the World Trade Center. The developer filed suit against the owners and...

Release from liability

Frey v. Environmental Protection Agency

44 ELR 20102
2014 BL 122694 (7th Cir., May 2014)

The Seventh Circuit affirmed a lower court decision dismissing a CERCLA citizen suit challenging remediation work at three landfills in Indiana. The remediation work was divided into three stages. The lower court held that it lacked jurisdiction over the citizens' claims challenging the second...

Citizen suits, §310, Held to preclude

Energy & Environment Legal Institute v. Epel

44 ELR 20101
11-cv-00859 (D. Colo., May 2014)

A district court held that a conservative nonprofit group lacked standing on four of its six claims challenging Colorado's renewable energy standard (RES), which requires utilities to obtain at least 30% percent of its energy from renewable sources by the year 2020. The group claimed that three...

Colorado, Energy (generally)

Ohio Valley Environmental Coalition v. Consol of Kentucky

44 ELR 20103
2:13-5005 (S.D. W. Va., April 2014)

A district court held that a coal company violated the CWA and SMCRA by discharging excessive amounts of selenium into the waters of West Virginia. The company argued that the environmental group's lawsuit should be dismissed because it had already entered into a consent decree with the state...

Surface mining, State programs, §402(b), Violations

Shell Oil Co. v. United States

44 ELR 20105
2013-5051 (Fed. Cir., April 2014)

The Federal Circuit held that the U.S. government must reimburse four oil companies for CERCLA costs they incurred cleaning up contamination stemming from the production of high-octane aviation gas (avgas) during World War II. The oil companies entered into contracts with the government that...

Contract interpretation, Government contracts