Weekly Cases Update Volume 47, Issue 9

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 21

ELR 2009115-1246(D.C. Cir., )

The D.C. Circuit held that EPA must justify emissions limits set for certain hazardous air pollutants. The CAA requires EPA to set limits for seven different hazardous air pollutants (HAPs).

Keywords:
Clean Air Act (CAA)
ELR 2009216-CV-8164(S.D.N.Y., )

A district court held that New York's Zero-Emission Credit (ZEC) program is not preempted by federal law. In an effort to curb the effects of global warming, New York issued a Clean Energy Standard (CES) Order that created two programs, one being ZEC.

Keywords:
Air quality
ELR 20093CV1103605 and CV1103591(Cal., )

The California Supreme Court held that the state Environmental Quality Act (CEQA) was not preempted by federal law.

Keywords:
Public Lands
ELR 2009015-2209(10th Cir., )

The Tenth Circuit held that a mining company has the right to recover cleanup costs at a Superfund site because the U.S. government was an owner under the statute. Over the last century, the mining company and its corporate predecessors mined molybdenum at a site near Questa, New Mexico.

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

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