Weekly Cases Update Volume 48, Issue 4

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 48, Issue 6

ELR 2002213-CV-1393(N.D.N.Y., )

A district court dismissed CERCLA claims against a construction company because there was no evidence that its actions contributed to soil contamination near the site.

Keywords:
Arrangers, Owners and operators
ELR 2002314-cv-312(N.D. Ind., )

A district court held that residents of the West Calumet Housing Complex in East Chicago cannot intervene in a CERCLA settlement agreement after the agreement was approved.

Keywords:
Settlements, §122, Contaminated Sites/Brownfields
ELR 20028137(U.S., )

The U.S. Supreme Court, in an unsigned judgment and decree, ordered Wyoming to pay Montana $20,340 in damages, plus $67,270.87 in costs, for reducing the amount of water available in the Tongue River in violation of the Yellowstone River Compact.

Keywords:
Montana, Wyoming, Irrigation, Water allocation under federal law, Water allocation under state law
ELR 2002416-35380(9th Cir., )

The Ninth Circuit held that NOAA did not go beyond its authority when it took climate change into account when considering the ESA status of the Arctic ringed seal. In 2012, NOAA listed the Arctic ringed seal as threatened based on projected sea ice loss.

Keywords:
Climate Change (generally), Threatened species listing, Wildlife (generally)
ELR 2002515-1115(D.C. Cir., )

The D.C. Circuit held that EPA unlawfully revoked the 1997 ozone NAAQS when it implemented the 2008 standard. In 2008, EPA set the ozone NAAQS at 75 parts per billion (ppb).

Keywords:
National ambient air quality standards (NAAQS), §109
ELR 2002917-cv-07186, -07187(N.D. Cal., )

A district court enjoined BLM from suspending or delaying the requirements of its waste prevention rule, which was issued to reduce emissions of natural gas from venting, flaring, and leaks during oil and gas production activities on onshore federal land.

Keywords:
Energy (generally), Resource development
ELR 20026952 C.D. 2017(Commw. Ct. Pa., )

A Pennsylvania court affirmed a lower court decision dismissing residents' and an environmental group's lawsuit challenging the construction of a natural gas pipeline through a suburban township.

Keywords:
Energy (generally), Zoning, Land use
ELR 2001817-6115(10th Cir., )

The Tenth Circuit ruled that an Oklahoma citizen has no claim against an oil company on allegations that his cancer was caused by decades of breathing benzene fumes from its oil refinery near his home. In 2011, the man was diagnosed with multiple myeloma.

Keywords:
Toxic torts, Toxic Substances (generally)
ELR 20027C 17-0629(N.D. Cal., )

A district court held that EPA's year-long delay in implementing formaldehyde emission standards for domestically manufactured and imported composite wood products violated the Formaldehyde Standards in Composite Wood Products Act.

Keywords:
Formaldehyde
ELR 200191 CA-CV 16-0521(Ariz. Ct. App., )

The Arizona Court of Appeals held that a tribe may proceed with its nuisance claim against a ski resort for its use of reclaimed wastewater to make artificial snow. In 2002, the ski resort contracted to purchase reclaimed wastewater for the purpose of making artificial snow.

Keywords:
Quality, Cultural resources, Nuisance

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