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Weekly Cases Update Volume 47, Issue 13

Mid-Monmouth Realty Assocs. v. Metallurgical Indus., Inc.

47 ELR 20063
A-0237-14T2 (N.J. Super. Ct. App., April 2017)

A New Jersey appellate court ruled that an insurance company must indemnify a realty company for soil removal connected to groundwater contamination at one of its properties. By merger, the realty company became the successor in ownership to a property that had been leased to a recycling company...

Quality

Nat. Res. Def. Council v. Nat'l Park Serv.

47 ELR 20065
2:16-cv-585 (M.D. Fla., April 2017)

A district court found that the National Park Service (NPS) took a “hard look” at environmental impacts when it approved an oil and gas company's seismic survey in a Florida nature preserve. The oil and gas company requested that NPS allow it to conduct seismic tests in the Big Cypress National...

Public Lands

Pa. Mfrs. Ass'n Ins. Co. v. Johnson Matthey, Inc.

47 ELR 20064
330 (Pa. Commw. Ct., April 2017)

A Pennsylvania court denied an insurer's motion for summary judgment, holding that it had no obligation to defend or indemnify toxic waste claims against its policyholder that occurred after the end of its policy. The policyholder was insured by the defendant from 1969 to 1979. In 2010, the...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Pa. Mfrs. Ass'n Ins. Co. v. Johnson Matthey, Inc.

47 ELR 20064
330 (Pa. Commw. Ct., April 2017)

A Pennsylvania court denied an insurer's motion for summary judgment, holding that it had no obligation to defend or indemnify toxic waste claims against its policyholder that occurred after the end of its policy. The policyholder was insured by the defendant from 1969 to 1979. In 2010, the...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Wild Fish Conservancy v. National Park Service

47 ELR 20060
14-35791 (9th Cir., April 2017)

The Ninth Circuit held that NMFS and DOI did not violate NEPA or the ESA when they approved the use of hatcheries to restore Elwha River fish populations in the state of Washington, after a dam removal project. Environmental groups challenged the decision to approve the hatchery as arbitrary and...

Endangered Species Act (ESA)

Carpenters Indus. Council v. Zinke

47 ELR 20061
15-5304 (D.C. Cir., April 2017)

The D.C. Circuit ruled that a trade association composed of lumber companies had standing to challenge an FWS designation of critical habitat for the northern spotted owl on federal land in California, Oregon, and Washington. In 2012, FWS issued a final rule designating 9.5 million acres of...

Public Lands

Waterkeeper Alliance v. EPA

47 ELR 20062
09-1017 (D.C. Cir., April 2017)

The D.C. Circuit vacated an EPA final rule that exempted farms from reporting requirements for air releases from animal waste. In 2008 the EPA issued a final rule that generally exempts farms from CERCLA and EPCRA reporting requirements for air releases from animal waste, reasoning that the...

Air quality, Comprehensive Environmental Response Compensation and Liability Act (CERCLA)