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Weekly Cases Update Volume 44, Issue 35

Friends of the King River v. County of Fresno

44 ELR 20263
F068818 (Cal. Ct. App. 4th Dist., December 2014)

A California appellate court upheld a lower court decision denying an environmental group's petition challenging a county's approval of a proposed surface mining operation on a 1,500-acre site at the base of the Sierra Nevada foothills. As required by the California Environmental Quality Act, an...

Environmental impact reports (EIRs), Sites

United States v. Mazza

44 ELR 20266
13-2540, -2310 (2d Cir., December 2014)

The Second Circuit vacated individuals' convictions for making false statements and conspiring to violate CERCLA. The jury instructions stated that because the defendant has an interest in the outcome of the trial, he has a motive to testify falsely and that the jury should bear this in mind...

Criminal penalty provisions

Shanley v. Chalmette Refining, LLC

44 ELR 20264
12-3045 (E.D. La., December 2014)

A district court dismissed four individuals' claims that the emission of hydrogen sulfide (H2S) and sulfur dioxide (SO2) from an oil refinery in Chalmette, Louisiana, caused them a variety of physical and mental damages. The toxic tort case involves 1,836 plaintiffs who allege exposure to H2S...

Air, Evidentiary standards

Askins v. Ohio Department of Agriculture

44 ELR 20265
3:14-cv-1699 (N.D. Ohio, December 2014)

A district court denied individuals' motion to enjoin the Ohio Department of Agriculture from issuing NPDES permits for concentrated animal feeding operations absent authorization from EPA. The plaintiffs failed to show a likelihood of success on the merits. The Ohio Department of Agriculture...

State programs, §402(b), State authority, §510