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Weekly Cases Update Volume 46, Issue 3

Anglers Conservation Network v. Pritzker

ELR 20016
14-509 (D.D.C., January 2016)

A district court ordered NMFS to take a "hard look" at the environmental impacts of its definition of "fishery" with regard to the Atlantic Mackerel, Squid, and Butterfish fishery management plan (FMP) and whether river herring and shad should be included in the FMP. In 2014, the Mid-Atlantic...

Implementation of fishery management plans (FMPs), §305, Wildlife management

Ouachita Riverkeeper, Inc. v. U.S. Environmental Protection Agency

ELR 20019
3:14-CV-4495-L (N.D. Tex., January 2016)

A district court held that environmental groups lacked standing to challenge EPA's decision not to object to a draft water discharge permit that Arkansas' environmental agency issued to a pulp and paper company under the state's CWA NPDES permit program. The groups sought an order declaring that...

State programs, §402(b), Standing

Warren v. Matthey, Inc.

ELR 20020
15-01919 (E.D. Pa., January 2016)

A district court dismissed homeowners' CERCLA, RCRA, and state-law claims against the former owners and operators of a manufacturing plant for alleged well-water contamination. The court dismissed the CERCLA claims because the homeowners failed to allege that they incurred any recoverable...

"Necessary" construed, Claims barred

Black Warrior Riverkeeper v. Alabama Department of Transportation

ELR 20017
2:11-CV-267, 2:13-CV-794 (M.D. Ala., January 2016)

A district court, in a 126-page opinion, dismissed environmental groups' NEPA lawsuit against the Alabama Department of Transportation, the U.S. Army Corps of Engineers, and the Federal Highway Administration in connection with a proposed six-lane, 50-mile highway project north of Birmingham,...

Decision not to prepare, Highways, Permit issuance

New Jersey Department of Environmental Protection v. Navillus Group

ELR 20018
A-4726-13T3 (N.J. Super. Ct., January 2016)

A New Jersey appellate court, in an unpublished opinion, reversed and remanded portions of a lower court summary judgment against a corporation, its principal, and a general partnership for costs related to remediation of the site of a former thermometer manufacturing plant. The corporation and...

Corporate officer liability, New Jersey Spill Act