Weekly Cases Update Volume 44, Issue 8

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 16

ELR 20122CV 12-36-BU-DLC(D. Mont., )

A district court held that an insurance company breached its duty to defend a steel company in an underlying contribution case under Montana's Comprehensive Environmental Cleanup and Responsibility Act (CERCA) stemming from the company's alleged release or threatened release of hazardou

Keywords:
Held applicable in, Hazardous wastes & substances
ELR 20113516042(N.Y. App. Div., )

A New York appellate court held that the subsequent owner of property formerly used as a permitted hazardous waste treatment, storage, or disposal (TSD) facility need not provide financial assurance for the ongoing performance of corrective action on the property.

Keywords:
Environmental Conservation Law, Treatment, storage, and disposal (TSD) facility standards, §3004
ELR 201202:13-CV-02136(N.D. Ala., )

A district court dismissed an environmental group's lawsuit challenging the U.S.

Keywords:
Nationwide permit
ELR 201154:13-cv-132(D.N.D., )

A district court dismissed several mineral rights owners' lawsuits against a number of energy companies that operate oil and gas wells in North Dakota's Bakken Shale region.

Keywords:
Energy (generally)
ELR 201164:13-cv-136(D.N.D., )

A district court, in three separate opinions, dismissed several mineral rights owners' lawsuits against a number of energy companies that operate oil and gas wells in North Dakota's Bakken Shale region.

Keywords:
Energy (generally)
ELR 201174:13-cv-141(D.N.D., )

A district court dismissed mineral rights owners' lawsuits against a number of energy companies that operate oil and gas wells in North Dakota's Bakken Shale region.

Keywords:
Energy (generally)
ELR 2011811-1486(D.C. Cir., )

The D.C. Circuit vacated FERC's "demand response" order, which seeks to incentivize retail customers to reduce electricity consumption when economically efficient.

Keywords:
Federal Power Act (FPA)
ELR 2011912-1238(D.C. Cir., )

The D.C. Circuit upheld EPA’s decision to defer adopting new secondary NAAQS for oxides of sulfur (SOx) and nitrogen (NOx) pending further scientific study.

Keywords:
Review and revision, §109(d)

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