Weekly Cases Update Volume 47, Issue 2

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 36

ELR 2019614-CV-101, -126(D.C. Cir., )

The D.C. Circuit affirmed in part a lower court's decision that a climate scientist may go forward with his defamation suit against two journalists for writing articles that criticized his conclusions about climate change and accused him of deception and academic and scientific misconduct.

Keywords:
Climate Change (generally)
ELR 2019415-1072(D.C. Cir., )

The D.C. Circuit dismissed as untimely a U.S.

Keywords:
Energy (generally)
ELR 2019716-2192(10th Cir. , )

The Tenth Circuit affirmed a district court ruling denying business owners’ motion to preliminary enjoin the city of Albuquerque, New Mexico, from proceeding with construction of a rapid transit bus system due to alleged NEPA and National Historic Preservation Act (NHPA) violations.

Keywords:
National Environmental Policy Act (NEPA)
ELR 2019116-2628(6th Cir., )

The Sixth Circuit upheld a district court ruling denying Michigan’s motion to stay a preliminary injunction ordering water system operators in Flint, Michigan, to provide bottled water to residents whose homes do not have properly installed and maintained water filters.

Keywords:
Safe Drinking Water Act (SDWA)
ELR 2019515-165-ML(D. R.I. , )

A district court held that EPA did not fail to carry out non-discretionary duties under the CWA when it failed to notify certain industrial and commercial dischargers that they are required to obtain discharge permits under the Rhode Island Pollution Discharge Elimination System and to provide th

Keywords:
Total maximum daily loads (TMDLs), §303(d), Clean Water Act (CWA)
ELR 201902:14-CV-0306-SMJ(E.D. Wash. , )

A district court denied in part and granted in part motions for summary judgment in a suit involving the effects of the Leavenworth [WA] National Fish Hatchery’s operation on endangered Chinook salmon and steelhead in Icicle Creek.

Keywords:
Water, Endangered Species Act (ESA)
ELR 20192CV-89-39-BU-SHE(D. Mont., )

A district court denied as untimely a newspaper’s motion to intervene in a case involving a 27-year-old CERCLA action. The newspaper claimed it had, under state law, the right to information related to confidential settlement negotiations that took place between the U.S.

Keywords:
Comprehensive Environmental Response Compensation and Liability Act (CERCLA)
ELR 201931:12-cv-1839-DAP(N.D. Ohio, )

A district court, on cross-motions for summary judgment, held that a utility company should not be held liable under CERCLA for the release of hazardous substances on two properties owned by an energy company.

Keywords:
Comprehensive Environmental Response Compensation and Liability Act (CERCLA)
ELR 2019812-77(E.D. La. , )

A district court upheld EPA’s refusal to determine whether new water quality standards were necessary to control nitrogen and phosphorus pollution in the mainstem of the Mississippi River and the Northern Gulf of Mexico.

Keywords:
Review and revision, §303(c)

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