176 results for 'nos:"Environmental Matters - Other Suits"'.
J. Stadtmueller grants the federal government's motion for a consent decree in its lawsuit against the container recycling company alleging that it violated the Clean Air Act and Resource Conservation and Recovery Act by mishandling or failing to control its waste products and hazardous air emissions and failing to obtain or comply with the proper permits. The consent decree, which in part requires the company to pay a $1.6 million penalty and implement new plans for emissions control and hazardous waste management, is fair, reasonable, in the public interest and in compliance with both Acts. The state of Wisconsin's motion to intervene is granted, and the case is administratively closed pending further action.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: July 27, 2023, Case #: 2:22cv1423, NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements
J. Calabretta orders members of the California Air Resources Board and others to develop and adopt measures to reduce air pollution in the San Joaquin Valley to levels required under the Clean Air Act. The state and Air Resources Board members do not contest the issues raised, and it is reasonable to require them to submit to the EPA proposed contingency measures within six months, along with their interim status reports.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: July 24, 2023, Case #: 2:22cv1714, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Walter finds in favor of the U.S. Forest Service against the wildlife protection organization's National Environmental Policy Act claims alleging that the former's Reyes Peak Forest Health and Fuels Reduction Project, which is intended to improve timber stand health and decrease wildfires in the area, does not fall within the scope of NEPA's CE-6 provision, which categorically excludes “[t]imber stand and/or wildlife habitat improvement activities that do not include the use of herbicides or do not require more than 1 mile of low standard road construction.” Additional scoping is not required for CE-6, because Forest Service regulations only require the scoping of the project, not whether a specific categorical exclusion applies.
Court: USDC Central District of California, Judge: Walter, Filed On: July 19, 2023, Case #: 2:22cv2781, NOS: Environmental Matters - Other Suits, Categories: Environment, Government
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J. Briones denies efforts by New Mexico water regulators to dismiss, for lack of jurisdiction, a lawsuit brought by El Paso water regulators seeking to determine responsibility for mitigation and clean-up following “record rainfall” in the region in August 2021, which ultimately caused sewage to be diverted into the Rio Grande following a pipe rupture. While New Mexico regulators now argue this court does not have jurisdiction, the New Mexico water authority “purposefully directed its activities towards Texas through its enforcement actions,” and those compliance actions — if upheld — “would require EP Water to perform activities in Texas.”
Court: USDC Western District of Texas , Judge: Briones, Filed On: July 18, 2023, Case #: 3:22cv460, NOS: Environmental Matters - Other Suits, Categories: Constitution, Water, Jurisdiction
J. Royal grants the business owner's motion to dismiss an action brought by the residents seeking damages and injunctive relief for alleged Clean Water Act violations arising from an agreement to transport excavated red clay from a Meta project site to another property. The residents alleged that the actions resulted in red clay-polluted storm water discharge into their ponds. The residents failed to state a viable claim against the business owner. Their motion to amend the action is partially granted as to the Clean Water Act claims because they sufficiently alleged an ongoing violation.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: June 30, 2023, Case #: 3:22cv72, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Estudillo dismisses the nonprofit's claim that the school bus company and the environmental consultant violated the Clean Water Act by discharging stormwater containing unpermitted levels of pollutants into the Thea Foss Waterway, Commencement Bay and Puget Sound. The nonprofit does not establish that the environmental consultant was the school bus company's managing agent, among other deficiencies that do not sufficiently allege that the environmental consultant is liable for any alleged environmental breaches.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: June 30, 2023, Case #: 3:23cv5084, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Christensen enjoins the U.S. Forest Service from implementing the Ripley Project, a vegetation management effort in Montana, after environmentalists claimed the Forest Service didn't carry out its due diligence in reviewing the project before granting approval. While the Forest Service prevails on several claims regarding road closures and how they would influence bear populations, the environmentalists have shown the agency violated NEPA by not preparing environmental impact statements and not conducting a cumulative effects analysis with regards to grizzlies.
Court: USDC Montana, Judge: Christensen, Filed On: June 26, 2023, Case #: 9:21cv105, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Dillon grants the government's motion to dismiss federal tort claims arising from an allegedly negligent clean-up of
hazardous substances for lack of subject matter jurisdiction. The property owners claim the government executed an unwarranted and fraudulent response action that damaged the property. Federal courts do not have jurisdiction over actions against the U.S. unless Congress has expressly waived the federal government’s sovereign immunity, which they haven't for this case.
Court: USDC Western District of Virginia, Judge: Dillon , Filed On: June 26, 2023, Case #: 5:22cv40, NOS: Environmental Matters - Other Suits, Categories: Environment, Property, Jurisdiction
J. Nagala grants, in part, the environmental group's motion to amend its complaint against the oil company, ruling the possibility of a severe storm striking near the refinery, which has less than adequate storm surge protection, presents a chance of "imminent injury" to the environmentalists because it could occur at any time and, therefore, gives them standing to pursue Clean Water Act claims.
Court: USDC Connecticut, Judge: Nagala, Filed On: June 23, 2023, Case #: 3:21cv932, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Whitehead grants the consent decree between the environmental group and the bakery, and dismisses with prejudice the environmental group's claim that the bakery violated the Clean Water Act by discharging polluted stormwater into navigable waters. Among other stipulations, the bakery will conduct weekly vacuum sweeping of its facility's paved parking lot and weekly hand sweeping of any areas that the vacuum sweeper cannot reach.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: June 23, 2023, Case #: 2:21cv1631, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Rice approves of the consent decree between the environmental organization and the non-profit organization regarding the environmental organization's claim that the non-profit organization, in violation of the Solid Waste Disposal Act, stored manure in inadequately lined storage lagoons that contaminated the groundwater. Among other stipulations, the non-profit organization must empty three lagoons used for manure storage by Aug. 1, 2023 for Lagoons 1 and 2 and by Sep. 30, 2024 for Lagoon 4.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: June 20, 2023, Case #: 1:19cv3110, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Seabright dismisses claims of Environmental Species Act violations against several American Samoan telecommunication companies. Neither the American Samoa residents who brought the complaint nor the telecommunications companies have any significant ties to Hawaii and therefore lack jurisdiction to bring the complaint to the Hawaiian district court. Related motions for temporary restraining orders and for summary judgment are also denied.
Court: USDC Hawaii, Judge: Seabright, Filed On: June 16, 2023, Case #: 1:21cv377, NOS: Environmental Matters - Other Suits, Categories: Environment, Jurisdiction
J. Kuntz rules in favor of the New York State Department of Environmental Conservation on a lawsuit brought by the Unkechauge Indian Nation for equitable relief that seeks to challenge the agency’s statutory authority over their people’s right to freely fish in waterways located upon its reservation lands, arguing it violates their sovereign and religious rights. The agency had requisitioned citizens’ fishing equipment and issued criminal summonses in an effort to curtail overfishing of the American eel, whose populations over the years has dropped significantly since the 1990s. Precedent holds that indigenous communities are not immunized from reasonable, non-discriminatory regulations related to conservation efforts.
Court: USDC Eastern District of New York, Judge: Kuntz, Filed On: June 16, 2023, Case #: 2:18cv1132, NOS: Environmental Matters - Other Suits, Categories: Environment, Native Americans
J. Winmill finds that the Bureau of Land Management failed to adequately look at the impact of a new open-pit phosphate mine project on the sage-grouse. Environmental groups challenged the Bureau of Land Management’s Final Environmental Impact Statement and Record of Decision which approved a new open-pit phosphate mine. The Record of Decision is vacated.
Court: USDC Idaho, Judge: Winmill, Filed On: June 2, 2023, Case #: 4:21cv182, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Lasnik denies the zoo's motion to exclude the animal law advocacy organization's expert, Dr. Valerie Johnson, from testifying in the organization's lawsuit alleging that the zoo violated the Endangered Species Act by possessing and improperly caring for endangered species. Dr. Johnson is qualified to provide her opinion that the care of wolf pups taken from their mothers was inadequate because her prognosis of the wolf pups was based on data and within her expertise as a veterinarian.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: May 30, 2023, Case #: 3:18cv6025, NOS: Environmental Matters - Other Suits, Categories: Environment, Experts, Animal Cruelty
J. Christensen finds in partial favor of the Forest Service Employees for Environmental Ethics’ in their lawsuit against the U.S. Forest Service for discharging aerially deployed fire retardant, on nearly 500 occasions between 2012 and 2019, into U.S. waters without a permit. The Forest Service is not enjoined from using aerial deployment of fire retardant to fight wildfires, but its discharges are still in violation of the Clean Water Act. The Forest Service is ordered to update the court every six months as it works towards obtaining the proper permit.
Court: USDC Montana, Judge: Christensen, Filed On: May 26, 2023, Case #: 9:22cv168, NOS: Environmental Matters - Other Suits, Categories: Environment, Water, Agency