176 results for 'nos:"Environmental Matters - Other Suits"'.
J. Stickman allows Estes Express Lines to pursue secondary environmental tort claims contending U.S.A. Lamp and Ballast Recycling failed to pay cleanup costs for a mercury spill that occurred at Estes' trucking terminal due to the improper storage and packing of hazardous material. Estes provided evidence that additional cleanup costs had been incurred under the comprehensive environmental response, compensation and liability act, which allows plaintiffs to pursue identical claims against the same defendant in subsequent litigation based on additional test results and future cleanup costs.
Court: USDC Western District of Pennsylvania, Judge: Stickman, Filed On: October 19, 2023, Case #: 2:23cv1228, NOS: Environmental Matters - Other Suits, Categories: Environment, Negligence, Contract
J. McAuliffe grants in part a city’s motion to dismiss claims brought against it by the buyer of a property for environmental contamination found on the property after it was indicated that the contamination had been remediated. While the buyer provides just enough information to support its Comprehensive Environmental Response, Compensation and Liability Act of 1980 claims at this stage, it does not provide enough support of the idea that the city owes it a duty in its negligence claims.
Court: USDC New Hampshire, Judge: McAuliffe, Filed On: October 13, 2023, Case #: 1:22cv573, NOS: Environmental Matters - Other Suits, Categories: Environment, Property, Real Estate
J. Talwani denies several seafood suppliers’ motion for summary judgment against a department of the federal government which they are suing for approving an offshore wind energy project which allegedly breaks environmental protection laws and will interfere with commercial fishing. The suppliers fail to provide substantial evidence that the project would cause significant harm to the environment or to their fishing.
Court: USDC Massachusetts, Judge: Talwani, Filed On: October 12, 2023, Case #: 1:22cv11172, NOS: Environmental Matters - Other Suits, Categories: Energy, Environment, Maritime
J. Molloy grants a group of federal agencies’ motion for summary judgment in this matter concerning wildlife standards. Several environmental groups argue the federal agencies did not properly consider and omitted standards when formulating the 2021 Land Management Plan for the Helena - Lewis and Clark National Forest, and claim the removal of big game standards could adversely affect the endangered grizzly bear. The instant court finds that the federal agencies did consider the standards and incorporated some aspects of them into the new plan, and the agencies did not violate the National Environmental Policy Act or the Endangered Species Act.
Court: USDC Montana, Judge: Molloy, Filed On: October 11, 2023, Case #: 9:22cv126, NOS: Environmental Matters - Other Suits, Categories: Environment, Agency
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J. Goodwin grants in part the respective motions for summary judgment in the environmental groups’ suit against the mining company for its violation of Clean Water and the Surface Mining Control and Reclamation acts through the discharge of pollutants without a permit in Kanawha County. The court declares the company violated the acts by discharging pollutants without a permit from Nov. 26, 2021, to April 14 at Rush Creek Surface Mine No. 2, and failing to satisfy the reporting requirements of its permit at Rush Creek Surface Mine from November 2021 through November 2022. Since the company is currently in compliance with all of its permits, the groups' motion for injunctive relief to halt mining operations is denied, while a determination on the extent of the company's violations is held in abeyance.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: October 4, 2023, Case #: 2:22cv367, NOS: Environmental Matters - Other Suits, Categories: Energy, Environment, Water
J. Rodriguez denies the U.S. sovereign immunity in claims contending defendants failed to obtain a post-closure permit for a hazardous waste treatment, storage, and disposal facility located on federally owned land in Colorado, as the resource conservation and recovery act “expressly waives sovereign immunity as to the United States as a whole while specifying that the federal government and its agencies must comply with all Federal, State, interstate, and local requirements, both substantive and procedural."
Court: USDC Colorado, Judge: Rodriguez, Filed On: September 29, 2023, Case #: 1:21cv2474, NOS: Environmental Matters - Other Suits, Categories: Environment, Immunity
J. Jarbou declines to dismiss class claims brought against the mayor and two other defendants after residents allegedly consumed water containing lead, bacteria, and other contaminants because claims were supported by repeated false statements defendants made to the public about the safety of the city’s water.
Court: USDC Western District of Michigan, Judge: Jarbou, Filed On: September 28, 2023, Case #: 1:21cv960, NOS: Environmental Matters - Other Suits, Categories: Environment, Water, Negligence
J. Jarbou dismisses class claims contending plaintiffs consumed water containing lead, bacteria, and other contaminants for lack of subject matter jurisdiction over U.S. and EPA defendants covered by sovereign immunity.
Court: USDC Western District of Michigan, Judge: Jarbou, Filed On: September 28, 2023, Case #: 1:22cv186, NOS: Environmental Matters - Other Suits, Categories: Water, Immunity, Class Action
J. Jarbou dismisses class claims as brought against the city of Benton Harbor in which plaintiffs contend they drank water containing lead, bacteria, and other contaminants because plaintiffs failed to establish state or city defendants engaged in “conscience-shocking conduct” to support violation of bodily integrity claims.
Court: USDC Western District of Michigan, Judge: Jarbou, Filed On: September 28, 2023, Case #: 1:22cv475, NOS: Environmental Matters - Other Suits, Categories: Water, Negligence, Class Action
J. Talwani denies members of the commercial fishing industry's motion to strike documents from, and supplement, the administrative record. They fail to identify the corrections to the document to which they take issue, or to explain why those corrections were errors.
Court: USDC Massachusetts, Judge: Talwani, Filed On: September 25, 2023, Case #: 1:22cv11172, NOS: Environmental Matters - Other Suits, Categories: Environment, Maritime, Discovery
[Amended.] J. Kelly finds for the Secretary of Commerce on commercial fishermen and a trade association's challenge to the allocation of red grouper fishing privileges in the Gulf of Mexico. Contrary to their claims, the department did not use incorrect data or apply the data arbitrarily, while it did consider suitable alternatives.
Court: USDC District of Columbia, Judge: Kelly, Filed On: September 21, 2023, Case #: 1:22cv1260, NOS: Environmental Matters - Other Suits, Categories: Administrative Law, Commerce, Environment
J. Lioi grants, in part, the government's motion to dismiss, ruling the property owner cannot seek to recover costs under the Comprehensive Environmental Response, Compensation and Liability Act associated with its discovery of former owners that may have contaminated the site because there is no evidence these discoveries aided the cleanup of the site in any way.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: September 21, 2023, Case #: 5:22cv1558, NOS: Environmental Matters - Other Suits, Categories: Environment, Damages
J. Davila declines to dismiss an environmental group's lawsuit accusing Sunnyvale and Mountain View of unlawfully discharging pollution into their sewer systems. The cities moved for dismissal on the ground that a 2022 permit issued to them by the regional water quality board changed the landscape enough that the suit is moot. While the permit does change a few things, it does not rescind a prior 2015 permit or change the language of the local discharge rules. The new permit, as a result, does not moot the claims and allows the court to retain jurisdiction.
Court: USDC Northern District of California, Judge: Davila, Filed On: September 14, 2023, Case #: 5:20cv824, NOS: Environmental Matters - Other Suits, Categories: Environment, Water, Jurisdiction
J. Gleason denies the government's motion to dismiss environmental groups' challenge of the environmental impact statement that the Bureau of Land Management evaluated before making parts of the Naval Petroleum Reserve available for oil and gas leasing, alleging that the government failed to consider reasonable alternatives. The groups "have adequately pleaded their associational and organizational standing." The groups' claims are not time-barred.
Court: USDC Alaska, Judge: Gleason, Filed On: September 14, 2023, Case #: 3:20cv206, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Wood partially grants the motion to dismiss by the ship owner, charterer, operator and agent as to the local companies' claims seeking natural resource damages and subsistence use damages under the Oil Pollution Act in a negligence, trespass and public nuisance action arising after a shipping vessel capsized in the St. Simons Sound. Eight of the company parties did not present claims for property damages under the Act, therefore the motion to dismiss is also granted as to those claims. The Act also displaces the companies' federal maritime negligence claim against the ship parties and the agent. However, the motion to dismiss is denied with regard to property damages claims asserted by nine of the company parties.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: September 13, 2023, Case #: 2:22cv86, NOS: Environmental Matters - Other Suits, Categories: Environment, Maritime, Negligence
J. Wood grants the motion to dismiss by the ship owner, charterer, operator and agent as to the shrimping and crabbing companies' claims for natural resources damages and subsistence use damages under the Oil Pollution Act in a negligence action arising after a shipping vessel capsized in the St. Simons Sound. The companies' federal maritime negligence claims against the ship parties and the agent are displaced by the Act, therefore the motion to dismiss is also granted as to those claims. However, the ship parties' motion to dismiss is denied as to the companies' claim for property damages under the Act. The agent's motion to dismiss is denied as to the companies' state law claims for negligence, public nuisance and trespass.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: September 13, 2023, Case #: 2:22cv85, NOS: Environmental Matters - Other Suits, Categories: Environment, Maritime, Negligence
J. Sannes dismisses a motion for spoliations sanctions filed by the defendants in a case that seeks liability under CERCLA for the costs addressing a petroleum contamination at a former metal recycling plant in Utica, New York. During litigation, it was discovered that the litigant ordered the destruction of more than 23,000 pounds of documents containing historic records related to the facility, which the court determined was grounds for sanctions. However, the court finds the defendants’ request to dismiss its remaining state law claims, plus a $2.3 million monetary sanction, to be too drastic a penalty, recommending a smaller award for attorney fees based on the time their respective counsels spent to uncover, investigate and litigate the spoliation.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: September 7, 2023, Case #: 6:16cv1523, NOS: Environmental Matters - Other Suits, Categories: Environment, Evidence, Sanctions
J. Ezra orders Texas to move controversial buoy barriers placed in the Rio Grande to block migrants coming from Mexico and enjoins the state from "further constructing or maintaining structures or obstructions in the navigable waters of the United States." The barrier undermines U.S. treaty obligations and is becoming an international issue, as "Mexican officials have also raised humanitarian 'concerns at the highest diplomatic levels.'" The United States is likely to succeed on its claims, not least because Texas has been unable to present "any credible evidence" that the buoys have even "significantly curtailed" border crossings.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: September 6, 2023, Case #: 1:23cv853, NOS: Environmental Matters - Other Suits, Categories: Immigration, International Law, Injunction
J. Nye grants a company's motion to stay discovery until the court issues a decision on the company's motion to dismiss an environmental group's allegations that the company mismanages manure in its facility, which has contaminated local waterways in violation of the Clean Water Act. "The Court finds a stay will promote economy of time and effort for itself, for counsel, and for the parties."
Court: USDC Idaho, Judge: Nye, Filed On: September 6, 2023, Case #: 1:23cv239, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Zipps denies eight environmental groups' motion for a preliminary injunction to halt two exploratory mining projects, claiming that the projects violate the National Environmental Policy Act. The U.S. Forest Service presented sufficient evidence in court that the projects are not a detriment to the safety of the yellow- billed cuckoo population, and that the breeding areas are more than one- half a mile away from the sites.
Court: USDC Arizona, Judge: Zipps, Filed On: September 5, 2023, Case #: 4:23cv280, NOS: Environmental Matters - Other Suits, Categories: Environment, Injunction