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Weekly Cases Update Volume 47, Issue 34

MRP Props., LLC v. United States

47 ELR 20154
17-cv-11174 (E.D. Mich., November 2017)

A district court held that the federal government must answer claims that it is liable for the cleanup of World War II-era hazardous waste from 12 oil refineries in seven states. Property owners brought a contribution claim against the U.S. government under CERCLA, claiming that the government...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

United States v. Robertson

47 ELR 20151
16-30178 (9th Cir., November 2017)

The Ninth Circuit upheld the criminal conviction of a Montana resident for violations of the CWA. The resident was sentenced to 18 months in prison and had to pay a $130,000 fine for digging ponds and diverting a creek onto his land in Montana and the neighboring Beaverhead-Deerlodge National...

Clean Water Act (CWA)

Green, City of v. Nexus Gas Transmission, LLC

47 ELR 20153
17-4016 (6th Cir., November 2017)

The Sixth Circuit held that the state of Ohio did not properly analyze the environmental harm of an eight-mile stretch of the Nexus natural gas pipeline or consider alternative routes to avoid the City of Green. The pipeline would run through a wetland that the city claimed would be irreparably...

Land Use (generally)

Assoc. of Irritated Residents v. Kern County Board of Supervisors

47 ELR 20152
S-1500-CV-283166 (Cal. Super. Ct., November 2017)

A California appellate court held that a project to modify an oil refinery so it can unload the equivalent of 150,000 barrels of crude oil per day should not proceed until corrections can be made to its state environmental impact report (EIR). The project proposed transporting crude oil from the...

Land Use (generally)