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Weekly Cases Update Volume 45, Issue 12

Delta Construction Co. v. Environmental Protection Agency

45 ELR 20081
11-1428, 13-1076 (D.C. Cir., April 2015)

The D.C. Circuit dismissed petitions challenging EPA's and the National Highway Traffic Safety Administration's (NHTSA's) coordinated rules governing the greenhouse gas emissions and fuel economy of cars and trucks. One group of petitioners—businesses, associations, and individuals located in...

Auto emission standards, Fuels regulation, §211

California Building Industry Ass'n v. State Water Resources Control Board

45 ELR 20080
A137680 (Cal. Ct. App. 1st Dist., April 2015)

A California appellate court held that the state's water resources board did not violate state law when it voted 2-1 to increase water quality permit fees for the 2011-2012 fiscal year. When the board voted for the increase, two of the seats were vacant. A building association challenged the...

Water pollution, Quality

Bernard v. Grefer

45 ELR 20079
14-CV-00887 (E.D. La., April 2015)

A district court held that individuals who were not party to a 2008 settlement agreement between an oil company and more than 2,000 plaintiffs for personal injury claims as a result of oil operations are not entitled to the same settlement terms. Under the agreement, the oil company paid...

Settlement agreements

Antero Resources Corp. v. Strudley

45 ELR 20078
2015 CO 26 (Colo., April 2015)

The Colorado Supreme Court held that state law does not allow a trial court to issue a modified case management order, such as a "Lone Pine" order, that requires a plaintiff to present prima facie evidence in support of a claim before the plaintiff can exercise its full rights of...

Colorado, Discovery, Toxic torts