Search : U.S. 2nd Circuit Court of Appeals : Environmental Law
Number of summaries found: 64
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| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Civil Procedure, Environmental Law, Food & Beverages, Health Law, Per Curiam, Water Law |
| Title: | Coon v. Willet Dairy, LP |
| Date: | 07/30/08 |
| Case Number: | 07-3454, 07-3462 |
| Summary: | In a suit brought against defendant-dairy alleging it emitted hazardous pollutants in violation of the Clean Water Act (CWA), summary judgment for defendant is affirmed where: 1) plaintiffs waived their claim as to any CWA violations before July 1999; 2) the CWA permit shield provision prohibited the action as to any claims between that date and December 2006; 3) plaintiffs' Resource Conservation and Recovery Act (RCRA) claims were prohibited under that statute's non-duplication clause; and 4) defendants did not need a permit to construct a stock pond on land already in use for farming under 33 U.S.C. section 1344(f)(2). |
| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Administrative Law, Environmental Law, Evidence, Oil & Gas Law, Water Law |
| Title: | Islander E. Pipeline Co., LLC v. McCarthy |
| Date: | 05/02/08 |
| Case Number: | 06-5764 |
| Summary: | Petition for review of a decision by the Connecticut Department of Environmental Protection (CTDEP) denying a "water quality certification" for plaintiff to build a natural gas pipeline across the Long Island Sound is denied where: 1) record evidence supported the CTDEP's finding that plaintiff's proffered techniques for installing the proposed pipeline would violate state water quality standards; and 2) based on the record, the CTDEP's denial of certification was not "arbitrary, capricious, an abuse of discretion, or not in accordance with law". |
| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Administrative Law, Construction, Environmental Law, Evidence, Oil & Gas Law, Water Law |
| Title: | Islander E. Pipeline Co., LLC v. McCarthy |
| Date: | 05/02/08 |
| Case Number: | 06-5764 |
| Summary: | Petition for review of a decision by the Connecticut Department of Environmental Protection (CTDEP) denying a "water quality certification" for plaintiff to build a natural gas pipeline across the Long Island Sound is denied where: 1) record evidence supported the CTDEP's finding that plaintiff's proffered techniques for installing the proposed pipeline would violate state water quality standards; and 2) based on the record, the CTDEP's denial of certification was not arbitrary, capricious, an abuse of discretion, or not in accordance with law. (Substituted opinion) |
| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Administrative Law, Aerospace & Defense, Civil Procedure, Class Actions, Constitutional Law, Environmental Law, Health Law, Injury And Tort Law, Property Law & Real Estate, Remedies |
| Title: | Benzman v. Whitman |
| Date: | 04/22/08 |
| Case Number: | 06-1166, 06-1346, 06-1454 |
| Summary: | An order denying in part and granting in part defendants' motions to dismiss claims for damages against former EPA administrator, and for other relief against EPA for alleged constitutional and statutory violations in the aftermath of the 9/11 disaster, is reversed in part where the district court improperly denied defendants' motion to dismiss: 1) claims of Fifth Amendment substantive due process violations to be free from government-created health risk; and 2) constitutional claims under the Administrative Procedure Act. |
| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Civil Procedure, Corporation & Enterprise Law, Environmental Law |
| Title: | Marsh v. Rosenbloom |
| Date: | 08/28/07 |
| Case Number: | 05-0514, 05-0702, 05-0706, 05-0708 |
| Summary: | Orders dismissing plaintiff state's claims against the dissolved corporation defendant's shareholder-distributees and denying the corporation defendant's trustees' motion to dismiss the CERCLA claims against defendant are affirmed as to the dismissal of claims against the shareholder-distributees. However, the judgment granted to plaintiff on its CERCLA claims against defendant is reversed as the district court erred in holding that CERCLA preempted Delaware's limits on defendant's capacity to be sued. |
| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Criminal Law & Procedure, Environmental Law |
| Title: | US v. Cullen |
| Date: | 08/23/07 |
| Case Number: | 06-0607 |
| Summary: | Conviction and sentence for knowingly importing exotic birds, African Black Sparrowhawks, into the U.S. in violation of the Wild Bird Conservation Act and of filing false applications relating to the importation with the U.S. Fish and Wildlife Service are affirmed over claims that: 1) the Wild Bird Act does not apply to captive-bred birds; 2) the Act is unconstitutionally vague because it does not define the term personal pet; and 3) the jury instruction given by the trial court was incorrect. |
| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Bankruptcy Law, Civil Procedure, Environmental Law, Oil & Gas Law, Product Liability, Water Law |
| Title: | In Re: Methyl Tertiary Butyl Ether Prod. Liab. Litig. |
| Date: | 05/24/07 |
| Case Number: | 04-5974,04-6056 |
| Summary: | In suits originally filed by California and New Hampshire in their respective state courts against corporations that manufactured, refined, marketed, or distributed gasoline containing methyl tertiary butyl ether (MTBE), alleging that MTBE contaminated public drinking water supplies, denial of plaintiffs' motions to remand is vacated where the district court erroneously held that it had removal jurisdiction over these actions under the federal officer removal statute and/or the bankruptcy removal statute, and no alternative ground for jurisdiction is satisfied. |
| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Constitutional Law, Environmental Law, Government Law, Injury And Tort Law |
| Title: | Lombardi v. Whitman |
| Date: | 04/19/07 |
| Case Number: | 06-1077 |
| Summary: | In case involving plaintiffs who performed search, rescue, and clean-up work at the World Trade Center site after 9/11, with allegations that federal officials' knowingly false statements about the air quality safety violated plaintiffs' right to substantive due process, dismissal of complaint is affirmed as the allegations do not shock the conscience even if the defendants acted with deliberate indifference. When agency officials decide how to reconcile competing governmental obligations in the face of disaster, only an intent to cause harm arbitrarily can shock the conscience in a way that justifies constitutional liability. |
| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Administrative Law, Environmental Law, Water Law |
| Title: | Riverkeeper, Inc. v. US Envtl.Prot. Agency |
| Date: | 01/25/07 |
| Case Number: | 04-6692 |
| Summary: | Final rule promulgated by EPA under section 316(b) of the Clean Water Act, 33 U.S.C. section 1326(b), intended to protect aquatic organisms from being harm by cooling water intake structures at power-producing facilities, is remanded as to those aspects of the rule that: 1) are inadequately explained or inconsistent with the statute; 2) are not supported by sufficient evidence; or 3) were not properly subject to notice and comment. |
| Court: | U.S. 2nd Circuit Court of Appeals |
| Topic: | Admiralty, Civil Procedure, Dispute Resolution & Arbitration, Environmental Law, Insurance Law, International Law, Oil & Gas Law |
| Title: | Ibeto Petrochemical Indus., Ltd. v. M/T Beffen |
| Date: | 01/17/07 |
| Case Number: | 05-6610 |
| Summary: | Order granting defendants' motions to compel arbitration, to stay action, and to enjoin an action between the same parties pending in Nigeria, is modified as to the permanent injunction as, based on principles of international comity and reciprocity, it should be directed specifically to the parties, and they need only be enjoined until the conclusion of the arbitration and the consequent resolution of the instant case. Appeal from denial of motion for voluntary dismissal is dismissed for lack of appellate jurisdiction. |