Weekly Cases Update Volume 46, Issue 4

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 46, Issue 6

Arizona v. U.S. Environmental Protection Agency
ELR 2003913-70366, -70410(9th Cir., )

The Ninth Circuit held that EPA did not act arbitrarily and capriciously when it disapproved in part Arizona's regional haze SIP and issued a replacement federal implementation plan (FIP) in place of the disapproved SIP elements.

Keywords:
Approval and revision, §110(a), Federal implementation plans (FIPs), §110(c)(1), Air pollution
Krause v. Omaha, City of
ELR 2004115-2985(8th Cir., )

The Eighth Circuit, in an unpublished opinion, upheld the dismissal of an individual's RCRA lawsuit against a city for using road salt to melt snow and ice on a street located within a flood plain.

Keywords:
Held not included
Anthony Wayne Corp. v. Elco Fastening Systems, LLC
ELR 200403:13CV1406(N.D. Ind., )

A district court, on motions for summary judgment, dismissed all but one of a property owner's environmental, waste, and breach of lease claims against various manufacturing companies that leased the site.

Keywords:
Hazardous, Breach, Lease agreements, Owners and operators
Murray Energy Corp. v. United States Department of Defense
ELR 2003815-3751 et al.(6th Cir., )

The Sixth Circuit held that it has jurisdiction to hear numerous lawsuits challenging EPA's and the U.S. Army Corps of Engineers' "waters of the United States" (WOTUS) rule.

Keywords:
"Water" construed, Review of EPA Administrator's action, §509(b)(1)

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