Alt v. U.S. Environmental Protection Agency (Lawyers Weekly No. 14-01-0706, 10 pp.) (Traxler, J.) No. 13-2200, July 14, 2014; USDC at Elkins, W.Va. (Bailey, J.) 4th Cir. Holding: In a West Virginia chicken farmer’s suit challenging the EPA’s enforcement action ...Read More »
Cape Hatteras Access Preservation Alliance v. Jewell (Lawyers Weekly No. 14-02-0601, 23 pp.) (Terrence Boyle, J.) 2:13-cv-00001; E.D.N.C. Holding: Although a group of beach-driving enthusiasts has standing to challenge a rule governing off-road vehicle use at the Cape Hatteras National ...
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Cape Fear River Watch, Inc. v. Duke Energy Progress, Inc. (Lawyers Weekly No. 14-02-0545, 23 pp.) (Louise Flanagan, J.) 7:13-cv-00200; E.D.N.C. Holding: Since plaintiffs allege that Sutton Lake was created by damming a navigable creek that flows into the Cape ...Read More »
Environmental – Endangered Species – Experimental Population – Red Wolves – Administrative – Coyote Hunting Regulations – Civil Practice – Preliminary Injunction – Constitutional – 11th Amendment
Red Wolf Coalition v. North Carolina Wildlife Resources Commission (Lawyers Weekly No. 14-02-0457, 17 pp.) (Terrence Boyle, J.) 2:13-cv-00060; E.D.N.C. Holding: Even experts have trouble distinguishing coyotes from red wolves in the wild. Coyote hunting puts the experimental population of ...
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United States v. Duke Energy Corp. (Lawyers Weekly No. 14-03-0238, 32 pp.) (William Osteen Jr., J.) 1:00-cv-01262; M.D.N.C. Holding: There is no dispute that, when defendant brought its “modernized” plants back online, there was a significant new emissions increase as ...
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Sandlands C&D LLC v. Horry, County of The 4th Circuit upholds a local ordinance that prohibits disposal of waste generated in Horry County, S.C., at any site other than a designated publicly owned landfill, rejecting appellant disposal service’s claims under the Commerce Clause and the Equal Protection Clause.
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Environmental – Administrative – Bridge Replacement – Outer Banks – Wildlife Refuge – First Impression – Segmentation Analysis
Defenders of Wildlife v. North Carolina Department of Transportation The parties have not cited and the court has not found any Fourth Circuit case providing segmentation analysis for a transportation construction project that includes bridges and islands. However, the replacement of a structure that is nearing the end of its service life has been found to have independent utility.
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Waldburger v. CTS Corp. North Carolina landowners who discovered their well water has concentrated levels of carcinogens may sue defendant CTS Corporation in a nuisance action; the 4th Circuit says the discovery rule of the federal CERCLA statute preempts the 10-year limitation period under a North Carolina statute of repose.
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Environmental – Sedimentation Pollution Control Act – Private Action – Violation Required – Civil Practice – Standing – Administrative
Applewood Properties, LLC v. New South Properties, LLC Because the county Natural Resources Department never found the defendant-contractor to be in violation of any law, rule, order or erosion and sedimentation and control plan, plaintiff did not have standing to bring a civil action under the Sedimentation Pollution Control Act to seek redress for its injuries.
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Ohio Valley Environmental Coalition Inc. v. U.S. Army Corps of Engineers The 4th Circuit affirms issuance of a water quality permit under the Clean Water Act to Highland Mining Company, on the basis that a proposed surface coal mine adjacent to a stream in Logan County would not damage water quality or violate water quality standards.
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