Weekly Cases Update Volume 46, Issue 7

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 15

ELR 20094SJC-11961(Mass., )

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).

Keywords:
Climate Change (generally), Massachusetts
ELR 20095SC15-95 et al.(Fl., )

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.

Keywords:
Energy (generally), Florida
ELR 2009814-8129(D.N.J., )

In an unpublished opinion, a district court held that a developer may go forward with its CERCLA, tort law, and fraudulent concealment claims against the former owner of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.

Keywords:
Owners and operators, Underground storage tanks (USTs), Statute of limitations
ELR 200963:15-cv-59(D.N.D., )

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.

Keywords:
"Water" construed, Judicial review, §509
ELR 2009714-1907(D.D.C., )

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 when it reissued the orders. At issue here was the remedy.

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

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