Weekly Cases Update Volume 47, Issue 5

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 10

ELR 2005214-4151 & 14-4165(10th Cir., )

The Tenth Circuit held that FWS has the authority under the Commerce Clause to regulate the take of the Utah prairie dog. A group of property owners challenged FWS's authority to use the ESA to prohibit take of the Utah prairie dog, an intrastate species, on nonfederal land.

Keywords:
Endangered Species
ELR 2004114-73100-02(9th Cir., )

The Ninth Circuit rejected challenges to EPA's interpretation of the Tribal Authority Rule under the CAA in a case concerning a coal-fired power plant on Navajo land.

Keywords:
Clean Air Act (CAA)
ELR 200431:15-cv-1900-AWI-SKO(E.D. Cal. , )

A district court denied a winery's motion to strike claims by EPA under CERCLA, the CAA, and other statutes in connection with a release of ammonia that claimed the life of one worker. In 2012, the winery experienced a 284-pound release of anhydrous ammonia from its refrigeration system.

Keywords:
Comprehensive Environmental Response Compensation and Liability Act (CERCLA), Clean Air Act (CAA)
ELR 2004516-cv-00364(D.D.C., )

A district court ordered EPA to complete overdue assessments of 13 sources of hazardous air pollutants.

Keywords:
Clean Air Act (CAA)
ELR 2004616CA0564(Colo. Ct. App., )

The Colorado Court of Appeals ruled against the state Oil and Gas Commission's narrow interpretation of its authority to readjust the balance of state oil and gas conservation regulations between the development of oil and gas resources and protection of public health, safety, and welfare.

Keywords:
Hydraulic Fracturing
ELR 200483:16·CV-00897(M.D. Penn., )

A district court upheld the Delaware River Basin Commission's fracking ban against a challenge from a energy company.

Keywords:
Hydraulic Fracturing
ELR 2004415-4025-KHV-15-4844-KHV and 15-4847-KHV(D. Kan., )

A district court held it had no authority to impose municipal penalties in a case involving a Kansas city's groundwater contamination claims against an oil company.

Keywords:
Waste (generally)
ELR 2004916-CV-2156(E.D.N.Y., )

A district court held that defendants responsible for dumping hazardous waste in a town park were not liable under CERCLA because they did not know of the hazardous nature of the material dumped.

Keywords:
Comprehensive Environmental Response Compensation and Liability Act (CERCLA)
ELR 20050A-44(N.J., )

The New Jersey Supreme Court held that the state hazardous waste spill law, which waives state immunity for hazardous waste suits, does not apply to spills that predate the law. In 1968, a development corporation built a seawall on state-owned land.

Keywords:
Hazardous
ELR 2005112CV0334 GPC KSC(S.D. Cal., )

A district court held that cow manure can be a hazardous substance under CERCLA. A citizen group sued a dairy farm for its part in contaminating Lake San Marcos. The dairy farm moved for judgment on the pleadings on the grounds that no actionable hazardous release was claimed.

Keywords:
Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

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