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Weekly Cases Update Volume 46, Issue 15

Public Employees for Environmental Responsibility v. United States Fish & Wildlife Service

46 ELR 20097
14-1907 (D.D.C., May 2016)

A district court vacated two FWS depredation orders reauthorizing the killing of double-crested cormorants in certain states. The court previously held that FWS violated NEPA...

Negative determination, EIS not required for, Wildlife (generally)

North Dakota v. U.S. Environmental Protection Agency

46 ELR 20096
3:15-cv-59 (D.N.D., May 2016)

A district court stayed further proceedings in litigation challenging EPA's "waters of the United States" (WOTUS) rule pending any further decision by the U.S. Court of Appeals for the Sixth Circuit or the U.S. Supreme Court. Numerous challenges throughout the country have been levied against...

"Water" construed, Judicial review, §509

Citizens v. Graham

46 ELR 20095
SC15-95 et al. (Fl., May 2016)

The Florida Supreme Court held that the state's public utility commission exceeded its statutory rate-setting authority when it allowed an electric company to use customer money to recover costs incurred investing in a shale gas operation in Oklahoma. The company asserted that its ownership...

Energy (generally), Florida

North River Mews Assocs. v. Alcoa Corp.

46 ELR 20098
14-8129 (D.N.J., May 2016)

In an unpublished opinion, a district court held that a developer may go forward with its CERCLA, tort law, and fraudulent concealment claims against the former owner of contaminated property under which PCB-contaminated USTs were discovered after the developer purchased the property. The...

Owners and operators, Statute of limitations, Underground storage tanks (USTs)

Kain v. Department of Environmental Protection

46 ELR 20094
SJC-11961 (Mass., May 2016)

Massachusetts' highest court held that the state Department of Environmental Protection (DEP) failed to issue regulations setting limits on greenhouse gas (GHG) emissions, as required by Massachusetts' Global Warming Solutions Act §3(d). DEP claimed it complied with its statutory mandate by...

Climate Change (generally), Massachusetts