Weekly Cases Update Volume 47, Issue 3

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 47, Issue 1

ELR 200031416812(9th Cir., )

The Ninth Circuit held that BLM violated NEPA when it approved a proposed molybdenum mining operation near Eureka, Nevada.

Keywords:
Mining, Air quality
ELR 2000115-2285(4th Cir., )

The Fourth Circuit vacated for mootness a district court's grant of summary judgment in favor of conservation groups challenging the construction of a 22-mile toll road in Gaston County, North Carolina.

Keywords:
Highways
ELR 2000516-4045(10th Cir., )

The Tenth Circuit reversed a district court ruling that barred a mining company from pursuing a CERCLA contribution claim for the Lower Silver Creek/Richardson Flat site because of representations it made to a bankruptcy court concerning its settlement agreement with EPA.

Keywords:
Comprehensive Environmental Response Compensation and Liability Act (CERCLA)
ELR 2000647861-7-II(Wash. Ct. App., )

A Washington State appellate court held that the state Department of Natural Resources (DNR) can be held liable as an "owner or operator" under the state Model Toxic Control Act (MTCA) at the Port Gamble Bay and Mill site.

Keywords:
Waste (generally)
ELR 2000416-1024(4th Cir., )

The Fourth Circuit upheld a district court's ruling that a coal company's NPDES permit did not shield it from liability under the CWA because it did not comply with the terms of the permit.

Keywords:
National pollutant discharge elimination system (NPDES) permit program, 402

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