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Weekly Cases Update Volume 47, Issue 9

California v. Golden Gate Petroleum Co.

47 ELR 20038
MSC 07 02593 (Cal. Super. Ct., March 2017)

A California court found that three gas station operators failed to comply with requirements for monitoring and maintaining underground storage tanks. During several inspections the defendants were told of their violations concerning the tanks, which included tampering with leak-detection...

Toxic Substances (generally)

Cal. Cmtys. Against Toxics v. Pruitt

47 ELR 20039
15-cv-512 (D.D.C., March 2017)

A district court denied EPA’s request for a five-year extension to review hazardous emissions standards under the CAA covering 20 different industries. Plaintiffs brought suit to compel EPA to finalize emissions standards for the 20 regulated industries, and suggested a timeline of no more than...

Clean Air Act (CAA)

Blankenship v. Consolidated Coal Co.

47 ELR 20037
15-2480 and 15-2482 (4th Cir., March 2017)

The Fourth Circuit upheld a lower court ruling that a coal company isn't liable for claims by property owners over water disposed of in a mine beneath their property because Virginia's statute of limitations prohibited the suit. The coal company undertook “dewatering” its active mine and...

Property rights

Colony Ins. Co. v. Victory Constr. LLC

47 ELR 20040
16-cv-00457 (D. Or., March 2017)

A district court ruled that an insurance company owes no coverage for injuries from a carbon monoxide leak. A construction company allegedly negligently installed ventilation for a natural gas pool heater and failed to warn against the risks of carbon monoxide poisoning if the vents were not...

Indoor Air Environments

Colony Ins. Co. v. Victory Constr. LLC

47 ELR 20040
16-cv-00457 (D. Or., March 2017)

A district court ruled that an insurance company owes no coverage for injuries from a carbon monoxide leak. A construction company allegedly negligently installed ventilation for a natural gas pool heater and failed to warn against the risks of carbon monoxide poisoning if the vents were not...

Indoor Air Environments