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Weekly Cases Update Volume 47, Issue 2

United States v. Donald L. Blankenship

ELR 20010
16-4193 (4th Cir., January 2017)

The Fourth Circuit held that a district court committed no reversible error in a case where an energy company chairman was convicted of conspiring to violate federal mine safety laws. The case involved an accident on April 5, 2010, at the Upper Big Branch coal mine in Montcoal, West Virginia,...

Mining

Catskill Mountains Chapter of Trout Unlimited v. EPA

ELR 20011
14-1991 (2d Cir., January 2017)

The Second Circuit overturned a district court ruling that a 2008 EPA rule exempting water transfers from NPDES permitting requirements was contrary to the requirements established by the CWA. Several environmental groups brought suit against the Agency, arguing that water transfers ...

Clean Water Act (CWA)

Qinault Indian Nation v. Imperium Terminal Services, LLC

ELR 20008
92552-6 (Wash., January 2017)

The Washington Supreme Court held that the state's Ocean Resources Management Act (ORMA) applies to two bulk liquid storage companies' oil terminal expansions on the shores of Gray Harbor. The two companies applied to expand their bulk liquid storage terminals to allow for the receipt, storage,...

Hazardous Substances

EQT Production Co. v. Pennsylvania Department of Environmental Protection

ELR 20012
485 M.D. 2014 (Pa. Commw. Ct., January 2017)

A Pennsylvania court held that the state Clean Stream Law does not authorize ongoing penalties for the continuing presence of industrial waste in a waterway following its initial entry. In 2012, a waste company informed the state enviromental agency that a subgrade impoundment containing...

Quality

United States v. DTE Energy Company

ELR 20007
Nos. 14-2274/227 (6th Cir., January 2017)

The Sixth Circuit held that the CAA does not categorically prevent EPA from challenging preconstruction projections of whether and to what extent emissions will increase following new source construction. In March 2013, the appellate court...

Clean Air Act (CAA)

Charter Township of Lansing v. Lansing Board of Water and Light

ELR 20009
1:14-cv-514 (W.D. Mich., January 2017)

A district court denied a state water and power board's motion to dismiss a CERCLA suit brought by two goverment entities for costs related to a drain project in Lansing, Michigan. The government entities sued the board for the increase in costs assessed for the building of a storm drain in a...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)