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Weekly Cases Update Volume 46, Issue 6

Arizona v. U.S. Environmental Protection Agency

ELR 20039
13-70366, -70410 (9th Cir., February 2016)

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. First, EPA did not act arbitrarily and capriciously when it...

Air pollution, Approval and revision, §110(a), Federal implementation plans (FIPs), §110(c)(1)

Murray Energy Corp. v. United States Department of Defense

ELR 20038
15-3751 et al. (6th Cir., February 2016)

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. The rule went into effect on August 28, 2015, but on October 9, 2015, the court issued a...

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

Krause v. Omaha, City of

ELR 20041
15-2985 (8th Cir., February 2016)

The Eighth Circuit, in an unpublished opinion, upheld the dismissal of an individual's RCRA lawsuit against a city for using road salt to melt snow and ice on a street located within a flood plain. Because the road salt was released into the environment as an expected consequence of its intended...

Held not included

Anthony Wayne Corp. v. Elco Fastening Systems, LLC

ELR 20040
3:13CV1406 (N.D. Ind., February 2016)

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. The owner has been leasing the property since 1972, but it has largely been an absentee...

Breach, Hazardous, Lease agreements, Owners and operators