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Weekly Cases Update Volume 47, Issue 5

Mao v. PIERS Envtl. Servs., Inc.

47 ELR 20022
CV197938 (Cal. Dist. Ct. App., February 2017)

A California appellate court held that an environmental consultant hired by a lender had no duty to a prospective buyer of contaminated property. The buyer filed a negligence claim against the consultant group for an EA it performed in 2000 for her lender prior to her purchase of the property....

Contaminated Sites/Brownfields

McMillian v. Snyder

47 ELR 20023
16-10796 (E.D. Mich., February 2017)

A district court granted state defendant's motion to dismiss in a case involving water contamination in Flint, Michigan. Plaintiffs alleged violations of the SDWA as well as state tort claims. The court dismissed the SDWA claims for failure to notify officials of intent to sue and declined to...

Safe Drinking Water Act (SDWA)

NRDC v. McCarthy

47 ELR 20021
16-cv-02184-JST (N.D. Cal., February 2017)

A district court denied EPA's motion to dismiss a claim by environmental groups that the Agency must review California's emergency waiver of federal water quality standards. In the wake of an historic drought, California's governor issued a Drought Emergency Proclamation and directed the State...

Clean Water Act (CWA)

Baker v. Saint-Gobain Performance Plastics Corp.

47 ELR 20024
1:16-CV-0917 (N.D.N.Y., February 2017)

A district court declined to dismiss state-law tort claims stemming from perflurooctanoic acid (PFOA) that leached into groundwater from a factory in Hoosick Falls, N.Y. Plaintiffs found their water supply contained levels of PFOA that were significantly above safe levels. PFOA is associated...

Quality

Conservation Alliance of St. Lucie County, Inc. v. U.S. Department of Transportation

47 ELR 20020
15-15791 (11th Cir., February 2017)

The Eleventh Circuit held that the Federal Highway Administration's (FHWA's) approval of a new bridge in Port St. Lucie, Florida, was not arbitrary or capricious despite claims by environmental groups. The groups claimed that FHWA abused its discretion in not selecting their proffered...

Public Lands

Aruba Petroleum, Inc. v. Parr

47 ELR 20019
05-14-01285-CV (5th Cir., February 2017)

The Fifth Circuit overturned a $3 million jury award for a nuisance claim against a petroleum company in which a family claimed natural gas extraction caused contamination of their property. The family alleged that the petroleum company's spills, releases, emissions, and discharges of air...

Toxic Substances (generally)