Weekly Cases Update Volume 45, Issue 31

The D.C. Circuit upheld EPA's designation of Yellowstone County, Montana, and Wayne County, Michigan, as "nonattainment" under the sulfur dioxide (SO2) NAAQS. Two petitioners—an industry association and a steel company—challenged the designations, albeit for different reasons. The industry...

The Sixth Circuit held that the CAA does not preempt property owners' state common-law tort claims against a whiskey distillery for excess ethanol emissions that allegedly caused "whiskey fungus" to grow on their properties. Below, the district court rejected the distillery's argument that the...

The Federal Claims Court held that the U.S. government may not engage in discovery about oil companies' insurance policies in an underlying case concerning cleanup costs stemming from the production of high-octane aviation gas (avgas) during World War II. The Federal Circuit...

A district court dismissed property owners' lawsuit against a mining company for unlawfully diverting excess wastewater into underground mine voids located beneath their land. Although the owners filed suit after the statute-of-limitations period expired, the owners argued that CERCLA's...