176 results for 'nos:"Environmental Matters - Other Suits"'.
J. Calabretta approves two consent decrees between the California Department of Toxic Substances Control and several companies, including Exxon and Chevron, regarding closed landfills in Solano County. The parties agree the settlement was negotiated in good faith, and is fair, reasonable and in the public interest.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: March 11, 2024, Case #: 2:21cv1739, NOS: Environmental Matters - Other Suits, Categories: Energy, Environment
J. Morris denies a motion for a preliminary injunction against the owner of a golf course after an environmental group claimed there were ponds on the course that were being improperly filled with reclaimed water, among other claims of improper water usage. The group is not likely to succeed on the merits of its case, largely due to the fact that it has not been able to show that the ponds constitute "point sources" that discharge pollutants. Without any more specifics that would bolster the case, the group has not met the high bar of justifying a preliminary injunction.
Court: USDC Montana, Judge: Morris, Filed On: March 6, 2024, Case #: 2:23cv26, NOS: Environmental Matters - Other Suits, Categories: Environment, Water, Injunction
J. Adams denies the city's motion to alter its consent decree with the Environmental Protection Agency, ruling that while its proposed amendment to allow overflow of 100 million gallons of untreated sewage into the Cuyahoga Valley National Park is significantly less than the amount of overflow at the time the decree was established, it does not amount to a de minimis impact on the watershed and surrounding area. Additionally, the increase in treatment costs from $56 million to $209 million is not a significant change in circumstances that allows for an adjustment in the consent decree because the city provided no evidence to explain the cost increase and relied on outdated treatment data when it submitted cost predictions.
Court: USDC Northern District of Ohio, Judge: Adams, Filed On: March 1, 2024, Case #: 5:09cv272, NOS: Environmental Matters - Other Suits, Categories: Environment, Evidence, Water
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J. Hummel grants an environmental advocacy group’s motion for joinder, allowing it to also sue an executive for a recycling services company in its Clean Water Act complaint alleging unlawful discharge of industrial stormwater runoff at an industrial park. The court finds the executive a responsible corporate officer tasked with complying with the company’s general permit. The court further grants the advocacy group’s motion to amend so it can add details about the general permit as well as the executive’s alleged involvement.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: February 26, 2024, Case #: 1:20cv1025, NOS: Environmental Matters - Other Suits, Categories: Civil Procedure, Environment
J. Coughenour grants partial summary judgment to the tribe for its complaint that the electric utility company and others illegally took endangered fish as part of their electron hydroelectric project on the Puyallup River. The electric utility company's rock dam is an unpermitted take because it accelerates water which attracts upstream migrating endangered fish to the structure and away from the purpose-built fish ladder. The electric utility company and others are to apply for the necessary permits within 10 days of this order, and they are to remove a sufficient portion of the rock dam during the summer of 2024 in-water work season for the volitional upstream fish passage by Sep. 15, 2024.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: February 16, 2024, Case #: 2:20cv1864, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Moss finds for the environmentalist groups on several of their Endangered Species Act claims arising out of their challenge to the EPA’s approval of the state of Florida’s application to assume permitting power under the Clean Water Act within the state. The EPA unreasonably relied on the Fish and Wildlife Service's flawed biological opinion and incidental take statement.
Court: USDC District of Columbia, Judge: Moss, Filed On: February 15, 2024, Case #: 1:21cv119, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Jones grants the consent decree between the nonprofit organization and the city regarding the former's complaint that the latter violated multiple provisions of its National Pollutant Discharge Elimination System permit. Among other stipulations, the city agrees to collect industrial stormwater samples, depending on weather patterns.
Court: USDC Western District of Washington, Judge: Jones, Filed On: February 15, 2024, Case #: 2:23cv756, NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements, Water
J. Morris denies an environmental group's request for a preliminary injunction against the owners of a ski resort and golf course over claims that the owners discharge nitrogen pollution into the Gallatin River. The court has already ruled against the environmental group on the grounds that their claims are barred by a prior consent order, and their request for an injunction is equally barred. Any attempts to make future similar motions, without any new facts to support them, will be "construed unfavorably."
Court: USDC Montana, Judge: Morris, Filed On: February 13, 2024, Case #: 2:23cv28, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Newman grants the agricultural waste companies' motion for summary judgment, ruling the citizen suit under the Clean Air Act is barred by the diligent prosecution doctrine. The EPA has taken reasonable steps to ensure the companies' compliance with air quality standards, including shutting down portions of their plant through enforcement of a consent decree that contains civil fines for noncompliance.
Court: USDC Southern District of Ohio, Judge: Newman, Filed On: February 12, 2024, Case #: 3:22cv102, NOS: Environmental Matters - Other Suits, Categories: Civil Procedure, Environment, Government
J. Joseph denies a request by the corporate operator of a community water system and its insurer to stay a potential class action by customers who allege they are being harmed by the company's failure to adhere to drinking water laws and regulations. Specifically, the ruling rejects the corporation's petition to refer the environmental suit's claims to the Louisiana Department of Health for the regulatory agency's opinion regarding whether the water the supplier provides is fit for human consumption. The argument that this case involves complex factual and scientific questions that are outside the court's conventional experience is unpersuasive.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: February 9, 2024, Case #: 6:23cv401, NOS: Environmental Matters - Other Suits, Categories: Environment, Health Care, Experts
J. Rearden approved a consent decree between the federal government and a construction company that was found to have violated the Toxic Substances Control Act via its violation of certification and training requirements, poor recordkeeping practices, and its use of lead and failure to warn about toxic materials. The company could not pay the full civil penalty, so the government has agreed to a $606,000 settlement.
Court: USDC Southern District of New York, Judge: Rearden, Filed On: January 31, 2024, Case #: 1:23cv7838, NOS: Environmental Matters - Other Suits, Categories: Construction, Environment, Settlements
J. Patricco denies an environmental group's renewed motion for summary judgment and grants the government's motion for summary judgment regarding a decision memo authorizing a project "designed to reduce the risk or extent of insect or disease infestation and reduce the current and future risk of catastrophic wildfire to people, public and private lands, and infrastructure." The group did not sufficiently put the United States Forest Service on notice of the wildland-urban interface issue and "waived its challenge to the USFS’s use of HFRA’s insect and disease categorical exclusion."
Court: USDC Idaho, Judge: Patricco, Filed On: January 10, 2024, Case #: 2:19cv332, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Lefkow denies a waste disposal company’s motion to dismiss an Illinois city’s claims that they violated the Clean Water Act by discharging pollutants into the Fox River. The waste disposal company claimed the city has no standing to bring the claim, as its drinking water intake is located almost a mile upstream from where the company allegedly discharged its pollutants. But the court disagrees, finding the company’s unpermitted discharges still occurred adjacent to city property. The court also partially grants the city’s motion to dismiss a counterclaim from the waste disposal company, seeking contributions from the city for any violations of the Comprehensive Environmental Response, Compensation and Liability Act. The court finds the city may have “owner-operator liability” for contributions, but that the waste disposal company has not adequately alleged it has “arranger” liability.
Court: USDC Northern District of Illinois, Judge: Lefkow, Filed On: January 9, 2024, Case #: 1:23cv3187, NOS: Environmental Matters - Other Suits, Categories: Environment, Municipal Law, Water
J. Cartwright approves of the consent decree between the environmental protection organization and the marina for the former's lawsuit asserting that the latter and others violated the Clean Water Act by discharging pollutants into Puget Sound and Commencement Bay from areas where they store materials. Among other stipulations, the marina and others shall clean up the facility of all loose materials that are either stored or discharged outside the facility, including the area that is west or northwest of the facility's paved parking lot.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: January 5, 2024, Case #: 3:23cv5432, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Frimpong grants in part a school district's motion for summary judgment regarding allegations that the previous property owners use of the property as a burn dump, golf course and manufactured gas plant caused contamination of toxic substances that the school district continues to manage. There is a material dispute as to whether the previous owners acted or failed to act and as to whether there is a continuing nuisance. Summary judgment is granted as to the school district's permanent nuisance, unavoidable circumstance and indemnification and contribution defense.
Court: USDC Central District of California, Judge: Frimpong, Filed On: December 27, 2023, Case #: 2:19cv1139, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Rothstein grants the interim consent decree between the environment advocacy group, the State of Washington Department of Ecology and the EPA for the advocacy's complaint accusing the government of violating the Clean Water Act by not identifying impaired waters or development clean-up plans. Among other stipulations, the State of Washington Department of Ecology shall submit the completed total maximum daily loads specified in an attached appendix to the government agency.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: December 21, 2023, Case #: 2:19cv1537, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Evanson grants the consent decree between the nonprofit organization and the general contractor for the former's complaint accusing the latter of discharging stormwater and other pollutants into the Duwamish Waterway, which flows to Puget Sound. Among other stipulations, the general contractor will electronically forward copies of all submissions and written communications for the facility to the nonprofit organization on a monthly basis.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: December 20, 2023, Case #: 2:22cv848, NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements, Water
J. Morris finds in favor of Spanish Peaks after environmentalists claimed they were discharging nitrogen into the Gallatin River and using sprinklers on ski runs to discharge wastewater. The claims are barred due to the fact that a consent order, into which the environmental group entered, had already settled the claims and shields the company from being sued again.
Court: USDC Montana, Judge: Morris, Filed On: December 20, 2023, Case #: 2:23cv28, NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements