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Weekly Cases Update Volume 47, Issue 23

Mexichem Fluor, Inc. v. EPA

47 ELR 20097
15-1328 (D.C. Cir., August 2017)

The D.C. Circuit held that EPA overstepped its authority under the CAA when it banned the use of hydrofluorocarbons (HFCs) in products. In 2015, EPA issued a rule that restricted the manufacture of products containing HFCs. EPA based this decision on its authority to regulate "ozone depleting...

Clean Air Act (CAA)

Orange Cty. Water Dist. v. Sabic Innovative Plastics US, LLC

47 ELR 20099
D070553, (Cal. Ct. App., August 2017)

A California appellate court held that the Water District of Orange County may pursue state Superfund claims for groundwater contamination. In 1998, the District discovered two VOCs in groundwater drawn from the South Basin area. In 2001, perchlorate was discovered in a well, leading the...


Barnes v. FAA

47 ELR 20098
14-71180 (9th Cir., August 2017)

The Ninth Circuit held that the FAA did not act arbitrarily when it forewent a full EIS on a third runway at the Hillsboro Airport in Hillsboro, Oregon. In 2005, the airport, the busiest in the state of Oregon, developed a plan to deal with traffic that included the addition of a third runway....

Land Use (generally)

Benoit v. Saint-Gobain Performance Plastics Corp.

47 ELR 20100
16-cv-00930 (N.D.N.Y., August 2017)

A district court allowed suits against two manufacturing companies to go forward for groundwater contamination. Residents of Hoosick Falls, New York, brought suit against the manufacturers after they discovered perfluorooctanoic acid (PFOA) in their water supply. The residents, in 16...