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Association of Public Agency Customers v. Bonneville Power Administration
The Ninth Circuit approved a settlement agreement between the Bonneville Power Administration (BPA) and a large number of its energy customers that sets terms for refunding customers who were previously overcharged as well as new rate terms for the next 17 years. BPA argued that the plaintiff—a gr...
Ridge Seneca Plaza, LLC v. BP Products North America Inc.
The Second Circuit, in a summary order, affirmed a lower court decision dismissing a property owner's lawsuit against a nearby gas station operator for contaminating the owner's shopping plaza and against a cleanup contractor for failing to detect the contamination or warn of its potential existence...
Appalachian Voices v. McCarthy
A district court ordered EPA to submit within 60 days a schedule on when it proposes to complete its review and revision of its RCRA Subtitle D coal ash regulations. In 1980, Congress amended RCRA by adding §3001(b)(3)(A)(ii), known as the Bevill Amendment, to prohibit EPA from regulating mining an...
United States Virgin Islands Department of Planning & Natural Resources v. St. Croix Renaissance Group, LLLP
A district court held that the Virgin Islands may go forward with its suit to recover response costs it incurred responding to the release of hazardous substances at a former alumina facility. Under CERCLA, at least some costs must be incurred prior to the start of litigation in order for a plaintif...
Northern Laramie Range Alliance v. Federal Energy Regulatory Commission
The Tenth Circuit held that landowners lacked standing to challenge two wind energy projects in Wyoming. FERC certified the projects under the Public Utilities Regulatory Policies Act, which seeks to promote renewable energy sources by requiring utilities to buy power from small facilities that meet...
Stratford Holding, LLC v. Foot Locker Retail Inc.
A district court held that a property owner may go forward with its CERCLA claims against several retail stores in connection with contamination stemming from the property, but dismissed the owner's RCRA claims. The owner entered into a consent order with Oklahoma's environmental agency that set for...
New York v. Next Millennium Realty, LLC
The Second Circuit vacated and remanded a lower court decision dismissing as time barred New York's CERCLA claims against several defendants for costs a town incurred investigating and addressing groundwater contamination stemming from the New Cassel Industrial Area. The lower court held that the st...