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Weekly Cases Update Volume 45, Issue 15

Committee for a Better Arvin v. U.S. Environmental Protection Agency

45 ELR 20096
11-73924, 12-71332 (9th Cir., May 2015)

The Ninth Circuit held that EPA violated the CAA when it approved California SIPs concerning NAAQS for ozone and fine particulate matter in the San Joaquin Valley. The SIPs relied on state-adopted mobile emissions standards to achieve their emission reduction goals. But the SIPs approved by EPA...

Approval and revision, §110(a)

In re Idaho Conservation League

45 ELR 20095
14-1149 (D.C. Cir., May 2015)

The D.C. Circuit ordered EPA to submit a timeline for when it will issue its financial assurance rules under CERCLA to ensure that industries that handle hazardous substances have the financial means to clean up any releases. It has been nearly 30 years since Congress charged EPA with issuing...

Financial responsibility, §108

Town of Barnstable v. O'Connor

45 ELR 20097
14-1597, -1598 (1st Cir., May 2015)

The First Circuit reversed a lower court decision dismissing a lawsuit concerning a proposed offshore wind power generation facility in Nantucket Sound. Opponents of the facility—a town, an advocacy group, and several individuals and businesses in the area—sought to nullify the state's approval...

Energy (generally), Held not to bar suit

United States v. NCR Corp.

45 ELR 20098
10-C-910 (E.D. Wis., May 2015)

A district court held that a PRP established the divisibility defense and, therefore, is not jointly and severally liable for cleanup costs at the Lower Fox River Superfund site in Wisconsin. On remand from the Seventh Circuit, the district court was ordered to reconsider the PRP's divisibility...

Joint and several liability

National Ass'n of Home Builders v. Environmental Protection Agency

45 ELR 20093
13-5290 (D.C. Cir., May 2015)

The D.C. Circuit held that a home builders' association lacked standing to challenge EPA's and the U.S. Army Corps of Engineers' determination that two reaches of the Santa Cruz River in southern Arizona constitute "traditional navigable waters" (TNW) under the CWA. The court...

Held estopped, Navigable Waters

Haw River Assembly v. Rao

45 ELR 20094
15 CVS 000127 (N.C. Super. Ct., May 2015)

A North Carolina court issued a preliminary injunction barring the state Mining and Energy Commission from accepting or processing any hydraulic fracturing applications until the state Supreme Court issues its opinion in a similar case concerning the constitutionality of the Commission's...

Hydraulic Fracturing, Stay of