Case Summaries
Environmental Law
Environmental Law
[08/26]
Cannon v. Gates
In an action claiming violations of the Solid Waste Disposal Act and the Administrative Procedures Act, dismissal of the case for lack of subject matter jurisdiction is affirmed where the district court properly applied the jurisdiction-stripping provision at 42 U.S.C. section 9613(h) because plaintiffs' suit constitutes a challenge to the government's selected removal action.
[08/25]
US v. MV Sanctuary
Warrant authorizing the Environmental Protection Agency (EPA) to inspect the M/V Sanctuary for polychlorinated biphenyls (PCBs) is affirmed where the EPA has authority to obtain an administrative warrant to carry out its authority under the Toxic Substances Control Act (TSCA).
[08/20]
El Comite para el Bienestar de Earlimart v. Warmerdam
In a challenge under section 304 of the Clean Air Act (CAA) brought by a coalition of community organizations against California state officials responsible for designing and implementing a state air quality plan, challenging the process by which EPA approval of the plan was obtained and the final outcome of the approval process, summary judgment for plaintiff and a remedies order are reversed and vacated where, because section 304 of the CAA provides jurisdiction only to enforce an "emission standard or limitation," and because the challenged conduct did not implicate such a standard or limitation, the court was without jurisdiction to order a remedy.
[08/20]
James River Ins. Co. v. Ground Down Engineering, Inc.
In plaintiff-insurer's claim seeking a declaratory judgment that it is not obligated to provide a legal defense to defendant-insured, dismissal of claim is vacated where: 1) district court erred in holding that the pollution exclusion does not apply; and 2) the pollution exclusion clearly covers the claims asserted against defendant.
[08/19]
Sierra Club v. Envtl. Prot. Agency
In an action challenging an EPA rule preventing state and local authorities from supplementing emissions-monitoring requirements under the Clean Air Act (CAA), petition for review is granted in part and denied in part where: 1) the rule preventing supplementing of requirements was unambiguously precluded by Title V of the CAA; but 2) the monitoring requirements enumerated in 40 C.F.R. section 70 were consistent with the mandate of the CAA.
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