Weekly Cases Update Volume 44, Issue 5

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 44, Issue 9

ELR 2006113-cv-1275(D. Colo., )

A district court dismissed an environmental group's CAA citizens suit against EPA for failing to make a finding that Idaho and Utah failed to timely submit SIPs for fine particulate matter (PM2.5).

Keywords:
Part D SIPs, §§171-193
ELR 200602013-5073(Fed. Cir., )

The Federal Circuit held that the U.S. government did not breach its contract with two oil and gas exploration companies when it imposed new regulatory requirements after their lease went into effect.

Keywords:
Energy (generally), Oil and gas leasing, Oil and gas leasing
ELR 2005810-1067(D.D.C., )

A district court largely upheld several administrative decisions made by federal agencies approving the construction of various aspects of an offshore wind energy project in Nantucket Sound, remanding only two issues to FWS and the National Marine Fisheries Service (NMFS) for ESA violations.

Keywords:
Energy (generally), Incidental taking
ELR 2005712-1036(D.C. Cir., )

The D.C. Circuit held that an EPA employee's lawsuit against the Agency for allegedly retaliating against him in violation of several environmental whistleblowing provisions was untimely. In 2000, the employee was working in EPA's ombudsman office.

Keywords:
Environmental Protection Agency
ELR 2005912-5183(D.C. Cir., )

The D.C. Circuit affirmed in part and reversed in part a lower court decision rejecting an animal rights group's FOIA request for records concerning National Institutes of Health (NIH) investigations of animal abuse at a university research lab.

Keywords:
Exemption No. 7, Wildlife (generally)
ELR 200631:00-1898(S.D.N.Y., )

A district court denied a motion to dismiss an oil company's lawsuit against a gas station operator and gasoline transporter in which it seeks contribution for groundwater contamination under the New Jersey Joint Tortfeasors Contribution Law, the New Jersey Comparative Negligence Act, and th

Keywords:
Methyl tertiary butyl ether (MTBE)
ELR 2006111-2917(2d Cir., )

The Second Circuit held that CERCLA does not allow a subcontractor hired to perform cleanup activities on a site the right to recover the value of unpaid work directly from the landowner.

Keywords:
Who may recover
ELR 200652011-201706(S.C., )

The Supreme Court of South Carolina reinstated an administrative law court (ALC) decision that reversed and denied a state agency's issuance of a permit for a construction and demolition landfill.

Keywords:
Industrial waste landfills, Solid waste
ELR 2006408-117L(Fed. Cl., )

The Federal Claims Court awarded a Florida developer $4 million after finding that the U.S. Army Corps of Engineers' denial of the developer's §404 permit request to dredge and fill a five-acre plot of land effected a compensable taking.

Keywords:
Just compensation, Dredge and fill permits, Taking of private property

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