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Weekly Cases Update Volume 47, Issue 30

Sierra Club v. EPA

ELR 20132
16-1097 (D.C. Cir., October 2017)

The D.C. Circuit held that EPA did not violate the CAA by modifying, without notice and comment, its prior understandings of how to measure a proposed transportation project’s impact on ambient levels of particulate matter. In 2006, EPA revised “hot spot" regulations for fine particulate matter...

Clean Air Act (CAA)

Pieper v. United States

ELR 20135
16-2035 (4th Cir., October 2017)

The Fourth Circuit held that a proposed class of residents alleging that improper chemical disposal at a Frederick, Maryland, Army base contaminated their groundwater can't sue the government. The residents brought a claim under the Federal Torts Claim Act alleging that the Army negligently...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Sweet Lake Land & Oil Co. v. Oleum Operating Co.

ELR 20133
17-464 (La. Ct. App., October 2017)

A Louisiana appeals court held that an oil company's oilfield cleanup plan was properly rejected by a trial court. An oil company sued a larger oil company alleging environmental damage to its property caused by decades of oil and gas exploration activities. The larger company was found 100%...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Michigan Department of Envtl. Quality v. Flint, City of

ELR 20136
17-12107 (E.D. Mich., October 2017)

A district court held that the city of Flint, Michigan, must choose a long-term water source and gave the city a week in which to do so. After the events of the Flint water crisis, EPA notified the city that it would need to make a decision about a long-term source of drinking water, probably...

Safe Drinking Water Act (SDWA)

Strategic Envtl. Partners, LLC v. N.J. Dep't of Envtl. Protection

ELR 20134
12-3252 (D.N.J., October 2017)

A district court held that a solar energy company that entered into an agreement to close a landfill and turn it into a solar farm cannot recover closure costs under CERCLA. The solar company bought the property and entered into an agreement with the New Jersey Department of Environmental...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Jarita Mesa Livestock Grazing Association v. U.S. Forest Service

ELR 20131
CIV 12-0069 JB/KBM (D.N.M., October 2017)

A district court held that the Forest Service did not violate NEPA when it reduced grazing permits on federal land in New Mexico. The Jarita Mesa Allotment and the Alamosa Allotment are both within the El Rito Ranger District of Carson National Forest. The Forest Service issues ten-year permits...

Public Lands