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Weekly Cases Update Volume 44, Issue 9

Price Trucking Corp. v. Norampac Industries, Inc.

44 ELR 20061
11-2917 (2d Cir., March 2014)

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. The landowner paid a general contractor for costs associated with the cleanup of a contaminated parcel of...

Who may recover

Lost Tree Village Corp. v. United States

44 ELR 20064
08-117L (Fed. Cl., March 2014)

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. The Federal Circuit had...

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

In re Methyl Tertiary Butyl Ether Products Liability Litigation

44 ELR 20063
1:00-1898 (S.D.N.Y., March 2014)

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 the...

Methyl tertiary butyl ether (MTBE)

People for the Ethical Treatment of Animals v. National Institutes of Health

44 ELR 20059
12-5183 (D.C. Cir., March 2014)

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. NIH issued "Glomar" responses, meaning...

Exemption No. 7, Wildlife (generally)

Kaufman v. Perez

44 ELR 20057
12-1036 (D.C. Cir., March 2014)

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. Following a pattern of controversial behavior...

Environmental Protection Agency

Public Employees for Environmental Responsibility v. Beaudreau

44 ELR 20058
10-1067 (D.D.C., March 2014)

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....

Energy (generally), Incidental taking

Century Exploration New Orleans LLC v. United States

44 ELR 20060
2013-5073 (Fed. Cir., March 2014)

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. The companies jointly leased the mineral rights to land on the Outer Continental Shelf (OCS)...

Energy (generally), Oil and gas leasing, Oil and gas leasing

Engaging & Guarding Laurens County's Environment v. South Carolina Department of Health & Environmental Control

44 ELR 20065
2011-201706 (S.C., March 2014)

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. The ALC denied the permit based on its conclusion that the region already had more landfill...

Industrial waste landfills, Solid waste

WildEarth Guardians v. McCarthy

44 ELR 20061
13-cv-1275 (D. Colo., March 2014)

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). In 2007, EPA issued a rule that required states to submit their SIPs for PM2.5 within three years...

Part D SIPs, §§171-193