Weekly Cases Update Volume 45, Issue 7

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 15

ELR 2009415 CVS 000127(N.C. Super. Ct., )

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 app

Keywords:
Stay of, Hydraulic Fracturing
ELR 2009714-1597, -1598(1st Cir., )

The First Circuit reversed a lower court decision dismissing a lawsuit concerning a proposed offshore wind power generation facility in Nantucket Sound.

Keywords:
Energy (generally), Held not to bar suit
ELR 2009514-1149(D.C. Cir., )

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.

Keywords:
Financial responsibility, §108
ELR 2009810-C-910(E.D. Wis., )

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.

Keywords:
Joint and several liability
ELR 2009313-5290(D.C. Cir., )

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.

Keywords:
Held estopped, Navigable Waters
ELR 2009611-73924, 12-71332(9th Cir., )

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.

Keywords:
Approval and revision, §110(a)

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