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Weekly Cases Update Volume 48, Issue 27

North Dakota v. U.S. Environmental Protection Agency

ELR 20163
3:15-cv-59 (D.N.D., September 2018)
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A North Dakota district court enjoined in Iowa the 2015 Clean Water Rule, which clarifies the definition of "waters of the United States" that are protected under the CWA. The governor of Iowa sought an order from the court expressly stating that the Clean Water Rule was enjoined in Iowa...

"Navigable waters" construed

Pakootas v. Teck Cominco Metals, Ltd.

ELR 20165
16-35742 (9th Cir., September 2018)
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The Ninth Circuit affirmed a district court's ruling that a Canadian smelter company that dumped several million tons of industrial waste into the Columbia River was liable for a Native American tribe's response costs. The company argued that CERCLA did not allow the tribe to recover its costs...

Covered persons, §107(a)

Sierra Club v. Wheeler

ELR 20164
16-2461(TJK) (D.D.C., September 2018)
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A district court granted in part an environmental group's request to compel EPA to produce guidelines for commercial or industrial solid waste incinerators (CISWI) and other categories of solid waste incinerators (OSWI). The group argued that the Agency failed to comply with nondiscretionary...

Solid waste combustion, §129

Sierra Club v. Virginia Electric & Power Company

ELR 20162
17-1895 (4th Cir., September 2018)
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The Fourth Circuit held that seepage from a coal-fired power plant did not violate §301 of the CWA, which prohibits the unauthorized discharge of any pollutant into navigable waters. An environmental group argued that the plant's landfill and settling ponds qualified as point sources from which...

Held not included

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