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Weekly Cases Update Volume 44, Issue 30

Alliance of Automobile Manufacturers v. Environmental Protection Agency

ELR 20230
11-1334 (D.C. Cir., October 2014)

The D.C. Circuit dismissed automobile industry groups' petition challenging an EPA rule intended to mitigate the misfueling of vehicles and engines with gasoline containing greater than 10% ethanol (E10). Among other measures, the rule prohibits the use of E10 gasoline in certain vehicles,...

Fuels regulation, §211

WildEarth Guardians v. United States Environmental Protection Agency

ELR 20229
12-9596 et al. (10th Cir., October 2014)

The Tenth Circuit denied petitions for review challenging EPA's approval of a regional cap-and-trade program regulating sulfur dioxide (SO2) emissions to address regional haze over the Colorado Plateau, a Class I area. Under the CAA's regional haze rule for Class I areas, states have the option...

Visibility protection for class I areas, §169A

Anthony Wayne Corp. v. Elco Industries, Inc.

ELR 20231
3:13CV1406 (N.D. Ind., October 2014)

A district court denied a manufacturing company's motion to dismiss a landowner's state law claims against it for breach of contract and for waste, but granted the company's motion to dismiss the landowner's claims for cleanup costs under CERCLA and state law. Since 1972, the landowner has...

Liability, §107

Mobile Baykeeper v. U.S. Army Corps of Engineers

ELR 20233
1:14-cv-00032 (S.D. Ala., October 2014)

A district court dismissed an environmental group's lawsuit challenging the U.S. Army Corps of Engineer's determination that Nationwide Permit 12 (NWP 12) applied to the discharge of dredged and fill material in Alabama's Big Creek Lake watershed in connection with a larger pipeline construction...

Nationwide permit

Florida Power Corp. v. First Energy Corp.

ELR 20232
12-cv-1839 (6th Cir., October 2014)

The Sixth Circuit held that a Florida utility's lawsuit to recover cleanup costs it has incurred in connection with the release of hazardous substances at two manufactured gas plant sites is time barred under CERCLA. As a former owner of the site, the utility is a PRP even though it did not...

Statute of limitations, §113(g)