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Weekly Cases Update Volume 47, Issue 1

Ohio Valley Environmental Coalition v. Fola Coal Company, LLC.

47 ELR 20004
16-1024 (4th Cir., January 2017)

The Fourth Circuit upheld a district court's ruling that a coal company's NPDES permit did not shield it from liability under the CWA because it did not comply with the terms of the permit. In March 2013, three environmental groups filed an action against a West Virginia coal company, alleging...

National pollutant discharge elimination system (NPDES) permit program, 402

ASARCO, LLC v. Noranda Mining, Inc.

47 ELR 20005
16-4045 (10th Cir., January 2017)

The Tenth Circuit reversed a district court ruling that barred a mining company from pursuing a CERCLA contribution claim for the Lower Silver Creek/Richardson Flat site because of representations it made to a bankruptcy court concerning its settlement agreement with EPA. In 2009, as part of a...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Pope Resources, LP v. Washington State Department of Natural Resources

47 ELR 20006
47861-7-II (Wash. Ct. App., December 2016)

A Washington State appellate court held that the state Department of Natural Resources (DNR) can be held liable as an "owner or operator" under the state Model Toxic Control Act (MTCA) at the Port Gamble Bay and Mill site. The Department of Ecology determined that activities at the site between...

Waste (generally)

Great Basin Resource Watch v. Bureau of Land Management

47 ELR 20003
1416812 (9th Cir., December 2016)

The Ninth Circuit held that BLM violated NEPA when it approved a proposed molybdenum mining operation near Eureka, Nevada. Environmental groups filed suit against BLM, challenging the agency's analysis of the project's cumulative air impacts and the baseline levels of certain air pollutants, and...

Air quality, Mining

U.S. Sugar Corp. v. Environmental Protection Agency

47 ELR 20002
11-1108 et al. (D.C. Cir., December 2016)

The D.C. Circuit granted EPA's request to remand the NESHAPs for industrial, commercial, and institutional boilers to the Agency without vacatur so that it can conduct rulemaking to modify them in accordance with the court's earlier ruling. On July 29, 2016, the court granted in part and denied...

Clean Air Act (CAA)

Catawba Riverkeeper Foundation v. North Carolina Department of Transportation

47 ELR 20001
15-2285 (4th Cir., December 2016)

The Fourth Circuit vacated for mootness a district court's grant of summary judgment in favor of conservation groups challenging the construction of a 22-mile toll road in Gaston County, North Carolina. The conservationists challenged the environmental analysis conducted by the state...