Meyer v. Constantinou
A New Jersey appellate court, in an unpublished opinion, affirmed a trial court decision dismissing without prejudice property owners' complaint alleging their property had been contaminated by chemicals discharged from a neighboring dry cleaning business. The New Jersey Environmental Rights Act all...
Southwest Power Pool, Inc. v. Federal Energy Regulatory Committee
The D.C. Circuit vacated a FERC decision allowing a power company to use a regional transmission organization's (RTO's) transmission lines in order to join another RTO network. The two RTOs involved in this case had entered a joint operating agreement that allowed both RTOs to use the other's transm...
Banning, City of v. Dureau
A district court held that the owner of a vacant property is liable under CERCLA for the release of hazardous waste intentionally caused by trespassers. The owner, who left oil drums on the property, claimed she was entitled to the innocent landowner defense. But she failed to show by a preponderanc...
Coppola v. Smith
A district court dismissed, with leave to amend, a dry cleaning business owner's CERCLA claims against a water company for soil and groundwater contamination. The owner alleged that the water company's operation of a nearby well led to the release of perchloroethylene (PCE). But the complaint does n...
National Ass'n of Regulatory Utility Commissioners v. United States Department of Energy
The D.C. Circuit held that so long as DOE has no viable alternative to Yucca Mountain as a depository for nuclear waste, it may not charge nuclear power plant operators an annual fee to cover the cost of that disposal. The court previously held that DOE violated its statutory obligation under the Nu...