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Weekly Cases Update Volume 46, Issue 34

Olin Corp. v. Insurance Co. of North America

ELR 20184
1:84-cv-01968 (S.D.N.Y., November 2016)

A district court held that a manufacturing company is entitled to $1.7 million in litigation costs from its insurer in an underlying 2003 lawsuit concerning hazardous waste contamination at one of the company's properties stemming from the 1950s. The insurer alleged that the property damage...

Hazardous, Held applicable in

Anderson v. McCarthy

ELR 20180
16-00068 (N.D. Cal., November 2016)

A district court, on motions for summary judgment, dismissed a lawsuit against EPA filed by a group of beekeepers, farmers, and organizations concerned about the effect of pesticide-treated seeds on bees and other pollinators. The plaintiffs argued that the practice of coating seeds with...

Actions unreviewable, Enforcement, Wildlife (generally)

Greyhound Lines, Inc. v. Viad Corp.

ELR 20183
15-01820 (D. Ariz., November 2016)

A district court, in an underlying suit concerning indemnificaton for environmental cleanup, held that a corporation's counterclaims against a bus company for fraud and negligent misrepresentation are barred by Arizona's economic loss doctrine. In 1986, the corporation sold various properties to...

Fraudulent misrepresentation, Purchase agreements

Maine v. McCarthy

ELR 20182
1:14-cv-000264 (D. Me., November 2016)

A district court held the CWA's citizen suit provision does not allow for judicial review of EPA's decision to disapprove Maine's water quality standards. In 2015, EPA issued a formal decision in which it approved some of Maine’s water quality standards but disapproved three of Maine’s human...

Citizen suits, §505, State standards, §303(a)

Syngenta Seeds, Inc. v. County of Kauai

ELR 20181
14-16833, -16848 (9th Cir., November 2016)

The Ninth Circuit affirmed a lower court decision that the Hawaii Pesticides Law impliedly preempts a county ordinance that seeks to regulate pesticides and genetically engineered plants. The ordinance would have required commercial farmers to maintain “buffer zones” between crops to which...

Hawaii, Local regulation