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Current Weekly Cases Update
Volume 45, Issue 29
45 ELR 20195
15-3799 et al. (6th Cir., October 2015)
The Sixth Circuit issued a nationwide stay enjoining the "waters of the United States" rule pending the court's determination as to whether it has subject matter jurisdiction to review the rule. The court held that the petitioning states demonstrated a substantial possibility of success on the...
Corps of Engineers jurisdiction, Definitions, §502, Judicial review, §509
45 ELR 20190
14-1255 (N.C. Ct. App., October 2015)
A North Carolina appellate court upheld the constitutionality of state legislation that withdrew a city's authority to own and operate its public water system and to instead transfer it to a sewer district. The law creates a new type of political subdivision, known as a metropolitan water and...
Constitutional law, Water
45 ELR 20194
14-831 (W.D. Wash., October 2015)
A district court, on motions for summary judgment, held that a marine fueling, service, and storage facility in Seattle was liable under the CWA for various NPDES general permit violations. The company's stormwater discharges exceeded the benchmarks for zinc and copper, the company failed to...
45 ELR 20187
13‐1745 et al. (2d Cir., October 2015)
The Second Circuit remanded portions of EPA's 2013 general NPDES permit for ship ballast water, a primary cause of the spread of invasive species from one body of water to another. The general permit imposed both technology-based effluent limitations (TBELs) and water quality-based effluent...
National pollutant discharge elimination system (NPDES) permit program, 402
45 ELR 20191
2013-0591, -0668 (N.H., October 2015)
The Supreme Court of New Hampshire upheld a $236 million jury award against an oil company for groundwater contamination. In 2003, New Hampshire sued several gasoline suppliers, refiners, and chemical manufacturers seeking damages for groundwater contamination allegedly caused by methyl tertiary...
Methyl tertiary butyl ether (MTBE), Negligence, Strict liability, Tort law
45 ELR 20189
1067 CA 14-02111 (N.Y. App. Div., October 2015)
A New York appellate court held that residents may go forward with their personal injury and property damage claims against a city and various companies for failing to properly remediate toxic contamination at the Love Canal Superfund site and for allowing toxins to be released during a 2011...
Common-law liability, Held not estopped, Remedies
45 ELR 20192
1:00-1898 (S.D.N.Y., October 2015)
A district court denied in part motions to dismiss as time-barred Puerto Rico's lawsuit against various oil companies for methyl tertiary butyl ether (MTBE) groundwater contamination. Under Puerto Rico law, once the defendant has established that the injury occurred more than one year prior to...
Ground water, Methyl tertiary butyl ether (MTBE)
45 ELR 20188
15-cv-10154 (E.D. Mich., September 2015)
A district court held that the U.S. Forest Service did not violate NEPA or the APA when it reissued a 30-year special use permit allowing an energy company to continue operating a portion of a 1,100 mile pipeline through the Huron-Manistee National Forest. Built in 1953, the pipeline transports...
Categorical exclusions, §1508.4, Energy, Huron-Manistee National Forest, Mich.
45 ELR 20193
1:14-CV-747 (N.D.N.Y., September 2015)
A district court granted in part and denied in part New York's motions to dismiss a company's counterclaims against it in the state's underlying CERCLA action for response costs. The state claimed that the Eleventh Amendment barred the company's counterclaims because the state has neither...
Held not waived, Held waived, Response actions, §104