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Weekly Cases Update Volume 47, Issue 32

Mayo v. National Park Service

47 ELR 20143
16-5282 (D.C. Cir., November 2017)

The D.C. Circuit held that the Park Service did not violate NEPA when it authorized recreational hunts of elk in Wyoming’s Grand Teton National Park. The Grand Teton and the National Elk Refuge (Refuge) are home to the “Jackson herd,” one of the largest concentrations of elk in North America. In...


The Water Works & Sewer Bd. of the Town of Centre v. 3M Co.

47 ELR 20145
17-cv-1026 (N.D. Ala., November 2017)

A district court held that a water pollution case against carpet manufacturers belonged in state court as complete diversity did not exist, rejecting the carpet manufacturers' claim of fraudulent joinder. A sewer board (Board) brought suit against various manufacturers, suppliers, distributors,...


Liebhart v. SPX Corp.

47 ELR 20144
16-cv-700 (W.D. Wis., November 2017)

A district court held that polychlorinated biphenyls (PCBs) being regulated under TSCA does not bar a Wisconsin couple from bringing a citizen suit under RCRA against a neighboring property owner for releasing PCBs during the demolition of a building on its property. The couple alleged that the...

Resource Conservation and Recovery Act (RCRA), Toxic Substances Control Act (TSCA)

Elkay Mining Co. v. Smith

47 ELR 20146
16-1450 (4th Cir., November 2017)

The Fourth Circuit denied a coal company's petition to review an ALJ decision that found that a widow was entitled to survivorship benefits under the Black Lung Benefits Act. The coal miner in question worked in coal mines for 34 years, was a regular smoker, and retired in 1993. He developed...