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Weekly Cases Update Volume 46, Issue 13

Friends of Martin's Beach v. Martin's Beach 1 LLC

ELR 20085
A142035 (Cal. Ct. App., April 2016)

A California appellate court affirmed in part and reversed in part a trial court's summary adjudication in favor of the property owners in their dispute with a citizen's group over the use of a road, parking area, and the inland dry sand of a popular beach. There is no disagreement that the...

Constitutional law, Shoreline use

Natural Resources Defense Council v. Nuclear Regulatory Commission

ELR 20082
14-1225 (D.C. Cir., April 2016)

The D.C. Circuit denied an environmental group's petition challenging NRC's decision not to allow the group to intervene in the license renewal proceeding for a nuclear power station located 35 miles outside of Philadelphia. The group sought to present "new and significant" information regarding...

Licensing process

State ex rel. Koster v. Republic Services, Inc.

ELR 20083
4:15CV1506 (E.D. Mo., April 2016)

A district court granted Missouri's remand request to litigate in state court its lawsuit against the owner and operator of a landfill in connection with an uncontrolled, underground trash fire at the site. The state alleged various state law violations, along with claims for nuisance, cost...

Hazardous wastes & substances, Judicial review, §113, Removal jurisdiction

Valbruna Slater Steel Corp. v. Joslyn Manufacturing Co.

ELR 20084
1:10-CV-044 (N.D. Ind., April 2016)

A district court denied a manufacturing company's motion to certify for interlocutory appeal certain questions pertaining to its statute of limitations and claim preclusion defenses in an underlying case over who should bear the cost of cleaning up contamination at a steel processing site. The...

Appellate review, Judicial review, §113