Weekly Cases Update Volume 45, Issue 3

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 45, Issue 3

ELR 2001413-690(W.D. Okla., )

A district court dismissed EPA's lawsuit against an Oklahoma utility under the CAA alleging that it failed to properly project whether modifications made to two coal-fired power plants would result in an increase in emissions.

Keywords:
Permits
ELR 20013CIV 14-0035 JB/SCY(D.N.M., )

A district court, in a 199-page opinion, struck down a local county ordinance banning oil-and-gas drilling, including hydraulic fracturing, within Mora County, New Mexico. Portions of the ordinance essentially provide that corporations have no federal constitutional rights.

Keywords:
Hydraulic Fracturing
ELR 2001913-1820(D.D.C., )

A district court held that environmental groups lack standing to challenge the U.S. Export-Import Bank's approval of a $90 million loan guarantee that supports a three-year, $100 million loan from a private bank to a coal exporter.

Keywords:
Standing
ELR 20017DS4720(Cal. Super. Ct., )

A California court held that federal mining law preempts a state law that effectively bans the use of any vacuum or suction dredge mining in streams and rivers on federal lands. Under Cal.

Keywords:
Actions unreviewable, Mining Law of 1872
ELR 2001807-40440(5th Cir., )

The Fifth Circuit held that a corporation should not be held liable as an arranger under CERCLA for costs associated with cleaning up a plume of perchloroethylene (PERC) that discharged from a dry cleaning business that operated in the 1960s and 1970s.

Keywords:
Arrangers
ELR 2001614-5730(6th Cir., )

The Sixth Circuit held that the three-year statute of limitations for contribution actions brought after an administrative settlement to perform a removal action begins running when the settlement becomes effective, not when the removal action is completed.

Keywords:
Contribution, §113(g)(3), Settlements, §122
ELR 2001513-cv-00701(D. Colo., )

A district court held BLM liable under the CWA for discharging pollutants from two of its wells into a tributary of the Arkansas River without a permit, but refused to enjoin the agency from further discharges.

Keywords:
Denied, Violations
ELR 2001213-5136(D.C. Cir., )

The D.C. Circuit upheld the National Park Service's (NPS') deer management plan for Rock Creek National Park in Washington, DC. The plan involves the killing of white-tailed deer to reduce the herd to an ecologically sustainable level.

Keywords:
Discussion of, held adequate

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