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 7

ELR 200431:09-cv-00407 et al.(E.D. Cal., )

A district court extended FWS' deadline to complete its biological opinion (BiOp) for the threatened delta smelt, the U.S.

Keywords:
Biological opinion, §7(b)
ELR 2004613-CV-356-JHP(E.D. Okla., )

A district court granted in part and denied in part motions to dismiss an environmental group's citizen suit against a utility company for alleged CAA violations at a coal-fired power plant in Muskogee, Oklahoma.

Keywords:
Citizen suits, §304, Permits
ELR 2003988208-8(Wash., )

The Washington Supreme Court upheld the state environmental agency's determination that an EIS was not necessary for a proposed biomass cogeneration project at a kraft pulp and paper mill.

Keywords:
Environmental Assessment/Impact Statement, Greenhouse gases
ELR 200372429(Md. Ct. Spec. App., )

A Maryland appellate court held that a liquid natural gas (LNG) shipping terminal may export natural gas from its facility on the Chesapeake Bay.

Keywords:
Energy (generally)
ELR 2004411 Civ. 0691(S.D.N.Y., )

A district court held that a multibillion dollar judgment granted by an Ecuadorian court for environmental pollution in the Amazon was procured by fraud and therefore enjoined the attorney and two of his Ecuadorian clients from seeking to enforce that judgment in the United States.

Keywords:
South America
ELR 2004213-30315(5th Cir., )

The Fifth Circuit held that a settlement agreement providing a mechanism for presenting and processing claims for business losses caused by the April 2010 Deepwater Horizon disaster does not require those submitting claims for certain business losses to provide evidence that the claim arose as a

Keywords:
Settlement agreements
ELR 2004711 Civ. 1686(S.D.N.Y., )

A district court held that a water treatment company who purchased ferrous chloride crystals is jointly and severally liable for cleanup costs incurred after the bags in which the crystals were originally packaged leaked during their transport from Taiwan to California.

Keywords:
Joint and several liability
ELR 2004013 C 2106(N.D. Ill., )

A district court held that a town may go forward with its RCRA and common law tort claims against an oil company for soil and groundwater contamination on and around a property formerly occupied by a gasoline service station.

Keywords:
Held included
ELR 2004112-30012(5th Cir., )

The Fifth Circuit affirmed a lower court decision dismissing a lawsuit filed by 11 Louisiana parishes in which they sought penalties under the Louisiana Wildlife Protection Statute for the pollution-related loss of aquatic life and wildlife following the April 2010 Deepwater Horizon disaster in t

Keywords:
Oil spill, Held preempted, Oil Pollution Act (OPA)