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Weekly Cases Update Volume 47, Issue 31

Ecological Rights Foundation v. Pacific Gas & Electric Co.

47 ELR 20139
3:10-cv-00121-RS (9th Cir., November 2017)

The Ninth Circuit held that RCRA's "anti-duplication" provision does not preclude its application to stormwater discharges where EPA has not regulated them under the CWA. Concerned citizens brought a citizen suit against a utility company under RCRA, claiming it allowed harmful chemicals used to...

Resource Conservation and Recovery Act (RCRA)

New Jersey Department of Environmental Protection v. Amerada Hess Corp.

47 ELR 20142
15-6468 (D.N.J. , November 2017)

A district court held that gas companies will have to face monetary compensation claims under the the New Jersey Spill Act for releases at five sites. The case concerns releases of Methyl Tertiary Butyl Ether (MTBE) at five gas stations in the state of New Jersey. The New Jersey Department of...

Waste (generally)

In re Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation

47 ELR 20138
2672 CRB (JSC) (N.D. Cal., October 2017)

A district court held that owners of Volkswagen-branded franchise dealerships could move forward with their suit against an auto parts manufacturer over its alleged role in the Volkswagen diesel emissions scandal. The dealers contended that the manufacturer conspired with Volkswagen to help...

Air (generally)

New Jersey Department of Environmental Protection v. Cheyenne Corp.

47 ELR 20137
A-4547-15T4 (N.J. Sup. Ct. , October 2017)

A New Jersey appellate court held that the state environmental agency properly ordered a theme park to decommission a well used for drinking water after it twice tested positive for E. coli. The well in question tested positive in October 2010, and again in September 2011. The theme park...

Quality

Dailey v. Bridgeton Landfill, LLC

47 ELR 20141
4:17 CV 24 CDP (E.D. Mo., October 2017)

A district court held that St. Louis home owners' nuisance claims against a pharmaceutical company alleging migration of radioactive materials to their property were preempted by the Price-Anderson Act (PAA). The home owners claimed that their property had been damaged by soil, dust, and air...

Hazardous Substances

Cole v. Marathon Oil Corp.

47 ELR 20140
16-2660 (6th Cir., October 2017)

The Sixth Circuit held that the Michigan statute of limitations does not bar a nuisance and negligence suit brought by residents against a petroleum company. The residents brought a class action suit against the petroleum company for ongoing discharges and contamination. The lower court...

Waste (generally)