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Weekly Cases Update Volume 46, Issue 12

Miami-Dade County v. Florida Power & Light Co.

46 ELR 20080
3D14-1467 et al. (Fla. Ct. App., April 2016)

A Florida appellate court reversed and remanded the state siting board's decision to permit a power company to construct and operate two new nuclear generating units and to install miles of new transmission lines in and near the East Everglades. The board failed to consider local regulations, as...

Energy (generally), Wetlands, Zoning, Wetlands

Hughes v. Talen Energy Marketing LLC

46 ELR 20078
No. 14-614 (U.S., April 2016)

The U.S. Supreme Court held that the Federal Power Act (FPA) preempts a Maryland program intended to encourage in-state power generation. Maryland selected, through a proposal process, a power generation development company to construct a new power plant. The program requires electric utilities...

Preemption

Boler v. Earley

46 ELR 20079
16-10323 (E.D. Mich., April 2016)

A district court held it lacks subject matter jurisdiction over a class action lawsuit that stems from the water contamination crisis in Flint, Michigan. The plaintiffs alleged that the city violated their constitutional rights and state law by providing contaminated water and requiring them to...

Class actions, FRCP 23, Subject matter jurisdiction, Judicial review

Kansas v. Environmental Protection Agency

46 ELR 20077
No. 14-1268 (D.C. Cir., April 2016)

The D.C. Circuit, in an unpublished opinion, dismissed a petition challenging an EPA computer model that states must use to estimate motor vehicle emissions when developing their strategies to comply with the CAA. Kansas and Nebraska, as well as two nonprofit organizations, alleged that the...

Emissions standards compliance program, §217(a), Judicial review

PCS Phosphate Co. v. American Home Assurance Co.

46 ELR 20081
5:14-cv-99 (E.D.N.C., April 2016)

A district court held that an insurer has no duty to defend or indemnify a company in two underlying actions seeking contribution for past and future costs incurred at a PCB-contaminated site. The company had sent transformers to the site for repair, during which PCBs were released. The company...

"Sudden and accidental" construed, Contract interpretation, Polychlorinated biphenyls (PCBs)