Tuesday, July 15, 2014

Friends of Merrymeeting Bay v. Hydro Kennebec, LLC

Friends of Merrymeeting Bay v. Hydro Kennebec, LLC - 7/14/14. In the U.S. Court of Appeals, First Circuit, Case No. 13-1220/1750. Two conservation groups, brought two citizen enforcement suits containing claims under the Endangered Species Act and the Clean Water Act against Hydro Kennebec, LLC, et al. The district court entered summary judgment in favor of Defendants as to the CWA claims in both cases, and Plaintiffs appealed the rulings. The Panel vacated and remanded the judgments.
 
Posted by JPMcJ at 11:56 AM 0 comments

Alt v. Chesapeake Bay Foundation

Alt v. Chesapeake Bay Foundation - 7/14/14. In the U.S. Court of Appeals, Fourth Circuit, Case No. 13-2200. Plaintiff Lois Alt, a West Virginia farmer, sued EPA in the seeking declaratory relief in connection with EPA administrative enforcement proceedings against her for violations relating to her chicken farm. CBF attempted to intervene and the district court denied its intervention motion as untimely. CBF appealed the Denial Order, and, the Panel affirmed the denial.
 
Posted by JPMcJ at 11:55 AM 0 comments

Hobart Corp. v. Waste Mgmt. of Ohio, Inc.

Hobart Corp. v. Waste Mgmt. of Ohio, Inc. - 7/14/14. In the U.S. Court of Appeals, Sixth Circuit, Case Nos. 13-3273/3276. The case involves the apportionment of liability between various entities that allegedly created an environmental hazard at a landfill in Ohio. In both cases, the district court dismissed Appellants' § 113(f)(3)(B) contribution claims as untimely and dismissed the unjust-enrichment claims for failing to state a valid cause of action under Ohio law. The Panel affirmed the district court's dismissals and its grant of summary judgment to Appellees.
 
 
Posted by JPMcJ at 11:53 AM 0 comments
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