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Current Weekly Cases Update

Volume 44, Issue 31

Natural Resources Defense Council v. U.S. Department of Transportation

44 ELR 20238
12-56467 (9th Cir., October 30, 2014)

The Ninth Circuit held that DOT did not violate the CAA or NEPA in its approval of a planned expressway connecting the Ports of Los Angeles and Long Beach, California. In the course of the project’s approval process, DOT conducted an air quality conformity determination under the CAA, which...

Conformity requirements, §176(c)

National Oilseed Processors Ass'n v. Occupational Safety & Health Administration

44 ELR 20237
12-1228 (D.C. Cir., October 24, 2014)

The D.C. Circuit denied a petition for review seeking vacatur of an OSHA rule, the Hazard Communication Standard, as it applies to combustible dust. The Hazard Communication Standard requires employers to develop a program for classifying the dangers of workplace chemicals and conveying those...

Toxic Substances

Ohio Valley Environmental Coalition, Inc. v. Fola Coal Co., LLC

44 ELR 20236
No. 2:12-3750 (S.D. W. Va., October 23, 2014)

A district court held that an environmental group may seek injunctive relief and civil penalties against a mining company previously held liable for the unpermitted discharge of selenium into U.S. waters even though the company has since obtained new permits allowing such discharges. The company...

Injunctive relief

Next Millennium Realty LLC v. Adchem Corp.

44 ELR 20235
03-CV-5985 (E.D.N.Y., October 22, 2014)

A district court, on motions for partial summary judgment, dismissed a property owner's CERCLA claims against a lessee who subleased the property to a dry cleaner, who then allowed perchloroethylene to be released into groundwater. The owner sought contribution from the lessee for past and...

Owners and operators

Appalachian Mountain Advocates, Inc. v. West Virginia Department of Environmental Protection

44 ELR 20234
14-C-985 (W. Va. Cnty. Cir. Ct., October 20, 2014)

A West Virginia court held that the state's environmental agency violated FOIA when it denied an environmental group's request for all coal mining related discharge monitoring reports for the third and fourth quarters of 2013. The group requested the data in spreadsheet format, but the agency...

Freedom of Information Act (FOIA)