176 results for 'nos:"Environmental Matters - Other Suits"'.
J. Pechman grants the joint stipulated motion between the environmental group and the building materials supplier for the entry of a consent decree arising from the environmental group's lawsuit, which alleges that the building materials supplier discharged polluted stormwater into navigable waters in violation of the Clean Water Act. Among other stipulations, the building materials supplier will vacuum sweep all outdoor paved surfaces of the facility at least once per week, and will also hand-sweep all indoor production areas of the facility at least once per day.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: September 5, 2023, Case #: 2:21cv1636, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Barbier denies as “vague” and “unpersuasive” challenges by a chemical plant to a 2010 government toxicology study that found its chloroprene emission rates posed an “imminent danger” to public health in communities surrounding the facility. Dismissing the plant’s claims in no way hinders its ability to defend itself or to argue that the government study is inaccurate or flawed. Dismissal of the plant’s claims on jurisdictional grounds does not constitute a judgment on the merits of the government’s suit against the facility.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: August 31, 2023, Case #: 2:23cv735, NOS: Environmental Matters - Other Suits, Categories: Environment, Government, Jurisdiction
J. Coughenour denies the tribe summary judgment for its claim that the electric utility company did not obtain a project-specific certification from the Washington Department of Ecology for its October 2020 stabilization work, which arises from the government and the tribe's lawsuit alleging that the electric utility company wrongfully discharged field turf and crumb rubber into the Puyallup River. It is not entirely clear if an additional 401 notification was required when the electric utility company already obtained a joint aquatic resources permit.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: August 31, 2023, Case #: 2:20cv1746, NOS: Environmental Matters - Other Suits, Categories: Environment, Government, Native Americans
J. Schroeder denies a car parts company its motion to dismiss allegations of Clean Air Act violations brought by the federal government. The government claims that the company sells aftermarket devices that foil the environmental standards of the vehicle inspection process. Although the company argues it sells the devices strictly to stock car drivers, rendering those cars no longer “motor vehicles,” any factual issues cannot be decided at this point, and the government has made a plausible argument.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: August 29, 2023, Case #: 1:22cv495, NOS: Environmental Matters - Other Suits, Categories: Environment, Vehicle
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J. Hicks grants the government’s cross motion for summary judgment in this suit alleging that it violated the National Environmental Policy Act in assessing that its approach to predator damage management in wilderness areas in Nevada with historic grazing allotments would not have a significant environmental impact. The advocacy group’s extra-record declaration contains elaborations of topics thoroughly addressed in the government’s environmental assessment as well as information not presented during the comment period. It does not raise any new subject matter and does not show that the agency, as alleged, overlooked a relevant subject matter. The declaration does not qualify for a “relevant factors” exception.
Court: USDC Nevada, Judge: Hicks, Filed On: August 28, 2023, Case #: 3:21cv508, NOS: Environmental Matters - Other Suits, Categories: Environment, Government
J. Christensen grants a motion to enjoin the Greater Red Lodge Area Vegetation and Habitat Management project, a proposed logging effort across roughly 20,000 acres in Carbon county. The government violated the National Environmental Policy Act by failing to consider certain environmental effects of the project on local wildlife, such as the local lynx habitat.
Court: USDC Montana, Judge: Christensen, Filed On: August 23, 2023, Case #: 9:21cv84, NOS: Environmental Matters - Other Suits, Categories: Environment, Agency
J. Zipps grants the U.S. Fish and Wildlife Service's motion for summary judgment concerning an environmental group's demand that it protect the Tucson shovel- nosed snake in accordance under the Endangered Species Act. The U.S. Fish and Wildlife Service sufficiently showed in court that group's petition failed to provide a new alternative range for the snake breed in question.
Court: USDC Arizona, Judge: Zipps, Filed On: August 23, 2023, Case #: 4:22cv286, NOS: Environmental Matters - Other Suits, Categories: Environment, Government
J. Farrish grants, in part, the environmental group's motion to compel, ruling redactions made by Shell to various discovery documents were unwarranted and prevent the group from understanding key issues in the case. Therefore, the environmentalists will be allowed to request unredacted versions of up to 50 documents provided in response to their initial interrogatories.
Court: USDC Connecticut, Judge: Farrish, Filed On: August 22, 2023, Case #: 3:21cv933, NOS: Environmental Matters - Other Suits, Categories: Environment, Discovery
J. Molloy grants in large part summary judgment in favor of environmentalists challenging the approval of the Black Ram Project in the Kootenai National Forest, a logging project that was pushed as an effort to improve winter range conditions and promote resilient vegetation. In approving the project, the feds did not properly rely on all the best available science or consider the project's carbon impacts. The matter is remanded to conduct further examination into the project, and the project is not allowed to move forward until all of the issues have been addressed.
Court: USDC Montana, Judge: Molloy, Filed On: August 18, 2023, Case #: 9:23cv3, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Barbier denies DuPont’s motion to dismiss the federal government’s environmental lawsuit against it over a neoprene manufacturing facility on its property, leased to another firm. The government says the plant’s chloroprene emission rates pose an “imminent danger” to public health in communities surrounding it. DuPont unsuccessfully argued that the court lacked jurisdiction over “hypothetical allegations” that DuPont may interfere with the chemical plant’s compliance with orders to reduce pollution emissions at the facility. The court disagrees; the mere fact that DuPont is in a position to frustrate a potential court order is sufficient reason for the inclusion of DuPont as the landlord in the government’s environmental lawsuit and for the court to retain jurisdiction in the case.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: August 18, 2023, Case #: 2:23cv735, NOS: Environmental Matters - Other Suits, Categories: Environment, Government, Jurisdiction
J. Jackson finds for three environmental groups seeking to compel Fish and Wildlife Services to designate critical habitat for the endangered rusty patched bumble bee. The groups have sufficiently shown an injury-in-fact, and that the service's designation may create a risk of injury to the bee and they have an interest in seeing the bee, while the service failed to explain a reasoned basis for failing to designate a critical habitat for the bee.
Court: USDC District of Columbia, Judge: Jackson, Filed On: August 11, 2023, Case #: 1:21cv770, NOS: Environmental Matters - Other Suits, Categories: Administrative Law, Environment
J. Deavers denies, in part, the landfill owner's motion to compel discovery, ruling that Goodyear's claim it has no documents about previous cleanup cost recovery from insurers prevents an order from the court, which cannot force the company to produce documents it claims do not exist. However, because the settlement documents between Goodyear and previous landfill owners will provide relevant information about fair and reasonable contributions to cleanup costs, the owner's motion to compel those documents is granted and Goodyear must provide any available information about settlements with other parties responsible for potential contamination.
Court: USDC Southern District of Ohio, Judge: Deavers, Filed On: August 11, 2023, Case #: 2:20cv6347, NOS: Environmental Matters - Other Suits, Categories: Environment, Discovery
J. Leinenweber denies a gas station franchise’s motion to dismiss negligence and environmental nuisance claims brought by a property ownership group. The property owners claim their office building was polluted for decades by toxic petroleum products from the adjacent gas station, but that they were not made aware of it until 2020. The court finds the property owners have sufficiently alleged their claims and are within the applicable statutes of limitations, and so denies the franchise’s motion to dismiss.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: August 10, 2023, Case #: 1:22cv5108, NOS: Environmental Matters - Other Suits, Categories: Environment, Property, Negligence
J. McShane finds in favor of the U.S. Forest Service on the environmental organization's complaint alleging that the government agency's three commercial logging projects - which authorize commercial tree thinning of between 3,000 and 16,000 acres of the Fremont-Winema National Forest - do not qualify for the CE-6 exclusion of the National Environmental Policy Act. The CE-6 exclusion does apply, because the projects are meant to improve timber stand and wildlife habitat through thinning and prescribed burning, and the Forest Service explained how the conifer trees' overpopulation and encroachment will negatively impact other desirable tree species and wildlife habitats without thinning.
Court: USDC Oregon, Judge: McShane, Filed On: August 4, 2023, Case #: 1:22cv1007, NOS: Environmental Matters - Other Suits, Categories: Environment, Government
J. Winmill grants the government's motion for summary judgment regarding an environmental group's allegations that a mineral mining exploration project violates the National Environmental Protection Act. The environmental group has not shown that the Environmental Assessment did not contain a “reasonably thorough discussion of the significant aspects of probable environmental consequences.”
Court: USDC Idaho, Judge: Winmill, Filed On: August 4, 2023, Case #: 1:22cv225, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Whitehead grants the consent decree between the conservation ecology organization and the Washington Department of Fish and Wildlife arising from a lawsuit alleging that the department's hatchery programs violated the Endangered Species Act because they did not undergo the required reviews and they affect Puget Sound steelheads. Among other stipulations, Fish and Wildlife officers shall work with the conservation ecology organization to conduct systemic snorkel surveys on the North Fork Skykomish River and the South Fork of the Tolt River.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: August 3, 2023, Case #: 2:21cv169, NOS: Environmental Matters - Other Suits, Categories: Environment, Government, Settlements
J. Christensen finds in favor of the environmentalists on their claims that several national forest plans did not properly consider how vehicles would influence local grizzly populations. The government is relying too strongly on road closure effectiveness data, despite using improper road closure measures intended to keep certain paths secure for wildlife.
Court: USDC Montana, Judge: Christensen, Filed On: August 3, 2023, Case #: 9:21cv5, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Shubb enters a consent agreement between the state corrections department and a nonprofit and county in which the department agrees to pay $1.7 million for their investigative costs and attorney fees, and will repair a wastewater system and implement a water pollution prevention plan, among other things.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: August 2, 2023, Case #: 2:20cv2482 , NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements, Water
J. Rice issues an injunction against the wholesaler, which arises from the government's claim that the wholesaler transferred TMA, a regulated substance, from railcars to trucks without conducting a hazard assessment, conducting training, or compiling safety information. Among other stipulations, the wholesaler must submit a complete compilation of process safety information, including information pertaining to hazards, to the U.S. Environmental Protection Agency.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: August 1, 2023, Case #: 2:21cv262, NOS: Environmental Matters - Other Suits, Categories: Environment, Agency, Injunction