Mealey's Pollution Liability : Mealey's : Legal News & Analysis

Mealey's Pollution Liability

December 04, 2024
NRC, Contractor Point Out Errors In Texas Nuclear Waste Storage Licensing Case

WASHINGTON, D.C. — The U.S. Nuclear Regulatory Commission (NRC) and a government contractor seeking to store spent nuclear fuel at a facility in west Texas argue in a pair of U.S. Supreme Court petitioner briefs that the Fifth Circuit U.S. Court of Appeals erred in its interpretation of the Atomic Energy Act (AEA) and elements of the Hobbs Act when it ruled that the NRC improperly approved a license for the project.
December 03, 2024
Calif. Gas Station Owner Owes $2.3M In Attorney Fees For CERCLA, RCRA Violations

SANTA ANA, Calif. — A federal judge in California has awarded more than $2.3 million in costs and attorney fees to the owner of an apartment building that filed suit under the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act (RCRA) against a neighboring gas station over the release of hazardous substances that migrated onto its property.
December 02, 2024
Deadlines For Remand Filings Set In Exxon Single-Use Plastics Pollution Cases

SAN FRANCISCO — A federal judge in California has set a filing and briefing schedule for motions to remand state court two related cases against Exxon Mobil Corp. that accuse the company of creating a public nuisance and violating California’s unfair competition law (UCL) and a barrage of state pollution laws by manufacturing single-use plastics that it allegedly misrepresented as recyclable while annually earning billions dollars from sales.
November 27, 2024
9th Circuit’s Jurisdiction Debated In California Clean Water Act Case Fee Denial

SAN FRANCISCO — An environmental organization granted interim attorney fees after suing two California cities under the Clean Water Act (CWA) for discharging bacteria pollution from stormwater sewage systems argues that the Ninth Circuit U.S. Court of Appeals has no jurisdiction to overturn the federal judge’s decision not to reconsider granting the fees and should dismiss an appeal the cities filed seeking the appellate court’s opinion on the “excessive and premature attorney’s fees order.”
November 27, 2024
EPA Appeals To 2nd Circuit Dismissal Of CAA Violations Suit Against EBay

BROOKLYN, N.Y. — The U.S. Department of Justice (DOJ) on Nov. 26 filed a notice of appeal in a New York federal court advising that it was appealing to the Second Circuit U.S. Court of Appeals the lower court’s dismissal of a suit filed on behalf of the U.S. Environmental Protection Agency alleging that eBay Inc. is in violation of federal environmental laws by selling motor vehicle parts and accessories, pesticides and paint remover products that run afoul of pollution standards and are toxic.
November 27, 2024
States, Energy Companies Tell D.C. Circuit EPA Methane Rule Violates Federal Law

WASHINGTON, D.C. — Multiple states have filed a brief in the District of Columbia Circuit U.S. Court of Appeals arguing that the “presumptive standards” for existing sources listed in the 2024 methane rule instituted by the U.S. Environmental Protection Agency violate the Clean Air Act (CAA) and the Administrative Procedure Act (APA) by “diminishing the States’ statutory authority” to create their own plans that consider their specific circumstances, including “the remaining useful life” of chemical facilities within their borders. The same day, members of the energy sector also filed a brief contending that the EPA’s standard is “unlawful and arbitrary and capricious.”
November 26, 2024
Okla. Opposes Poultry Companies’ Motion To Prolong Ongoing Pollution Case Hearing

TULSA, Okla. — Oklahoma argues that accountability is “long overdue” for Tyson Foods Inc. and other Arkansas-based poultry plant operators “for their historic and ongoing actions that have contributed to the pollution and degradation of the waters in the Illinois River Watershed” (IRW) and says an Oklahoma federal judge should deny the companies’ motion to postpone an evidentiary hearing on potential injunctive relief and prudential mootness.
November 25, 2024
South Bay Residents Seek Damages From Exposure To Sewage Treatment Plant Pollution

SAN DIEGO — A group of residents in the South Bay Area filed a lawsuit in California Superior Court against the operators of a San Ysidro wastewater treatment plant, alleging ongoing exposure to untreated sewage, noxious fumes and other pollutants from the plant and seeking damages for physical injuries, property damages and more under the Clean Water Act (CWA).
November 22, 2024
Calif. Waste Facility Operator To Pay $762K In Fees In Leachate Discharge Case

SACRAMENTO, Calif. — A federal judge in California has ordered the operator of a California recycling and waste facility that allegedly violated the Clean Water Act (CWA) and state law by discharging stormwater-contaminated leachate into a wetland preserve and the Sacramento River to pay more than $762,000 in attorney fees and costs to an environmental nonprofit, stating that the nonprofit is a prevailing party and eligible for reasonable compensation.
November 20, 2024
9th Circuit Panel Affirms Summary Judgment On CWA Claims Over Montana Resort

SAN FRANCISCO — Affirming summary judgment in favor of the owners of a Montana mountain resort, a Ninth Circuit U.S. Court of Appeals panel said in an unpublished memorandum disposition that the ruling by a federal district court shutting down Clean Water Act (CWA) claims asserted by an environmental law center arising from alleged discharges of treated wastewater was correct because a consent order from a previous case bars the claims through a combination of res judicata and release.
November 20, 2024
Consent Decree Orders W.Va. Agency To Create Plans For Pollution In Waterways

HUNTINGTON, W.Va. — A federal judge in West Virginia has approved a consent decree between three environmental advocacy groups and the U.S. Environmental Protection Agency and West Virginia Department of Environmental Protection (WVDEP) that sets a timeline for the state agency to complete plans to address levels of ionic toxicity pollution in 11 water bodies in the Lower Guyandotte River watershed following years of Clean Water Act (CWA) violations.
November 19, 2024
High Court Grants Extensions To Respond To States’ Petition Regarding CAA Rule

WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 18 granted a nearly three-week extension to an array of states and public interest group that are intervening in a Clean Air Act (CAA) case to respond to a petition for writ of certiorari that four other states filed asking the court to determine whether the statute allows for remand to the federal agency to supplement the administrative record with new details after a rule is promulgated in reference to establishment of an implementation plan for attaining ozone air quality standards for 23 states whose own plans were previously disapproved.
November 19, 2024
Calif. Refinery, Regulatory Agencies Reach $82M Settlement Over Air Regulations

SAN FRANCISCO — Two California environmental regulatory agencies have inked a settlement agreement with the owner of a Benicia refining company that assesses a nearly $82 million penalty for allegedly violating state air regulations, laws and permit conditions dating back to the early 2000s.
November 18, 2024
Mo. Company Seeks Denial Of Motion To Alter Or Amend CERCLA Reimbursement Ruling

JOPLIN, Mo. — The former owner and operator of a shuttered Missouri fertilizing plant is asking a federal magistrate judge to deny a motion two development companies filed to alter or amend a ruling that the Comprehensive Environmental, Response, Compensation, and Liability Act statute of limitations foreclosed the development companies’ attempt to recoup costs associated with remediation efforts at the site, stating the statute of limitations has run and new evidence related to construction of a leachate collection system does not necessitate a different result.
November 15, 2024
Companies Cite Recent 7th Circuit Decision In Opposing Climate Change Case Remand

CHICAGO — With a notice of supplemental authority introducing a recent Seventh Circuit U.S. Court of Appeals decision, several large oil companies are opposing the city of Chicago’s attempt to remand its suit alleging that the companies deceived the public about the harmful effects fossil fuel products have on climate change from a federal court in Illinois to state court, arguing that because federal officers directed many of the production and sales activities, the federal court has jurisdiction. The judge subsequently asked the city for a five-page response to the filing.
November 14, 2024
California Federal Judge Denies Insurers’ Motion For Summary Judgment In CERCLA Case

SACRAMENTO, Calif. — A federal judge in California has denied a motion for summary judgment that a group of intervening insurers filed in a dispute over liability for groundwater contamination under the Comprehensive Environmental Response, Compensation, and Liability Act, stating that expert testimony is not required to prove elements of the claim.
November 13, 2024
Army Corps Defends Issuance Of CWA Permit For Tennessee Pipeline In 6th Circuit

CINCINNATI — A Tennessee company’s plans to build a natural gas pipeline use the least environmentally damaging methods, minimize impacts from construction, correctly follow details of its state-issued certification and do not violate water quality standards, the Army Corps of Engineers claims in a brief filed in response to two environmental groups’ petition asking the Sixth Circuit U.S. Court of Appeals to vacate the project’s Clean Water Act (CWA) permit.
November 13, 2024
Under Proposed Rule, EPA Would Collect Annual Charge On Methane Emissions

WASHINGTON, D.C. — The U.S. Environmental Protection Agency on Nov. 12 announced that it has issued a proposed final rule promulgating a regulation to facilitate compliance with the requirements of the Clean Air Act (CAA), also known as the Methane Emissions Reduction Program (MERP), under which the EPA will collect an annual charge on methane emissions that exceed waste emissions thresholds specified by Congress.
November 12, 2024
Chamber, Trade Groups Argue EPA Erred In Deeming 2 PFAS Hazardous Substances

WASHINGTON, D.C. — The Chamber of Commerce of the United States of America and six trade associations are asking the District of Columbia Circuit U.S. Court of Appeals to vacate a final rule promulgated by the Environmental Protection Agency that added two widely used per-and polyfluoroalkyl substances (PFAS) to the list of hazardous substances covered by the Comprehensive Environmental Response, Compensation, and Liability Act, arguing that the agency erred in deeming the substances hazardous and did not adequately consider the costs of implementing the rule.
November 07, 2024
Nonprofits’ Calif. Utility Pole RCRA Case Dismissed After Consent Decree Approved

SAN DIEGO — A federal judge in California dismissed a complaint two conservation nonprofits filed against a California electric and natural gas utility corporation alleging violations of the Resource Conservation and Recovery Act (RCRA) over the handling, storage and disposal of treated wood utility poles at six of its waste storage sites following the approval of a consent decree that requires the company to implement remediation efforts and pay $362,500 in costs and fees.
November 07, 2024
Company To Pay $1.5M Penalty, Address Violations At Idaho Fertilizer Plant

BOISE, Idaho — An Idaho agribusiness company has agreed to take remedial action to bring one of its fertilizer and agricultural products manufacturing facilities into compliance with requirements for environmental safety standards and pay a $1.5 million civil penalty through a settlement agreement with the U.S. government over alleged violations of four federal environmental protection statutes.
November 07, 2024
U.S. Files CWA Complaint Alleging Alaska Vessel Bilge Water Contamination

ANCHORAGE, Alaska — The U.S. government is seeking civil penalties and injunctive relief against an Alaska commercial fishing company founder and manager and three of his businesses for allegedly violating the Clean Water Act (CWA) by discharging oily bilge water into coastal waters and failing to comply with pollution control regulations.
November 07, 2024
Companies Bring New Evidence To Obtain Reimbursement Over Environmental Harm

JOPLIN, Mo. — Two Missouri development companies are asking a federal magistrate judge to alter or amend a ruling that the Comprehensive Environmental, Response, Compensation, and Liability Act statute of limitations foreclosed the company’s attempt to recoup costs associated with remediating a former fertilizer plant that generated phosphogypsum and caused pollution and environmental harm, alleging that there is new evidence related to construction of a leachate management system at the site.
November 04, 2024
U.S. High Court Won’t Review Tribe’s NPDES New Source Permit Ruling

WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 4 denied a petition for a writ of certiorari the San Carlos Apache Tribe filed asking for review of an Arizona Supreme Court decision that a copper mine shaft constructed in 2014 does not require a new National Pollutant Discharge Elimination System (NPDES) permit.
November 04, 2024
Petitioners Urge D.C. Circuit To Vacate Coal-Fired Power Plant Emissions Rule

WASHINGTON, D.C. — In a reply brief filed with the District of Columbia Circuit U.S. Court of Appeals, 27 states and a laundry list of other petitioners argue that a rule that would impose new emissions standards on coal-fired power plants under the authority of the Clean Air Act (CAA) violates administrative law and oversteps authorities.