Docket – September 12, 2018

4th U.S. Circuit Court of Appeals

Sierra Club v. Va. Elec. & Power Co. (P), Sept. 12, 2018. 4th Cir. (Niemeyer) from EDVA at Richmond (Gibney).

The district court erred in holding Dominion liable for arsenic that leached from coal ash at its Chesapeake facility into groundwater. The plant’s landfill and settling ponds that contained the coal ash were not “point sources” under the Clean Water Act, so § 1311(a) of the Act did not apply. However, the district court properly deferred to a Virginia agency determination that the groundwater contamination didn’t amount to a breach of Dominion’s discharge permit, contrary to Sierra Club’s complaint.

Reyes v. Waples Mobile Home Park LP (P), Sept. 12, 2018. 4th Cir. (Floyd) from EDVA at Alexandria (Ellis).

Based on statistical evidence that 64 percent of Virginia’s undocumented population is ethnically Latino, families suing a mobile-home park for requiring proof of legal immigration status sufficiently alleged that the policy had a disparate impact on Latinos. The district court erred in holding otherwise and in inserting plaintiffs’ actual immigration status into the Fair Housing Act’s disparate-impact analysis. Judge Keenan dissented.

Categories: Daily Dockets

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