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Weekly Cases Update Volume 48, Issue 11

Clean Water Action v. Pruitt

48 ELR 20064
17-0817 (D.D.C., April 2018)

A district court dismissed an environmental groups' lawsuit challenging EPA's decision to stay a 2015 CWA rule concerning effluent limitations for steam electric power plants. The rule addressed effluent limitations and standards for six waste streams generated by steam electric power plants:...

Effluent limitations, §301

PennEnvironment v. PPG Industries, Inc.

48 ELR 20060
12-342 (W.D. Pa., April 2018)

A district court held that a company is liable under RCRA for soil and water contamination at a former solid waste disposal area it used and operated in Armstrong County, Pennsylvania. Environmental groups filed motions for partial summary judgment against the company, claiming it was liable...

Owner liability

Upstate Forever v. Kinder Morgan Energy Partners, L.P.

48 ELR 20061
17-1640 (4th Cir., April 2018)

The Fourth Circuit held that citizens may bring suit alleging a violation of the CWA when the source of the pollution is no longer releasing the pollutant, but the pollutant continues to be discharged into surface waterways via groundwater. In late 2014, several hundred thousand gallons of...

Basis for suit, Judicial review, §509

Kuehl v. Sellner

48 ELR 20062
16-1624 (8th Cir., April 2018)

The Eighth Circuit affirmed a lower court decision that a zoo violated the ESA due to its mistreatment of endangered lemurs and tigers. On appeal, the zoo argued that the animal rights activists who filed the suit lacked standing. The zoo also claimed that even if the activists did have standing...

"Take," §9(a)(1)(B)

Kirk v. Schaeffler Group USA, Inc.

48 ELR 20063
16-3417 (8th Cir., April 2018)

The Eighth Circuit held that a lower court must hold a new trial with respect to a family's claims for punitive damages against a former manufacturing company for tricholorethylene contamination that allegedly caused their daughter to develop autoimmune hepatitis. The contamination occurred...

Damages, Trichlorethylene (TCE)