ENVIRONMENTAL NEWS AND DEVELOPMENTS
Food and Drug Administration Set to Consider Revision of Food Safety Rules for Irrigation Water59
New York State Poised to Permanently Ban Hydraulic Fracturing60
Environmental Groups Seek Writ of Mandate Against EPA over Failure to Implement Clean Water Act Phase II MS4 Regulations62
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions65
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Federal Circuit Finds EPA Exceeded Its Authority under the Clean Air Act When It Extended Deadlines for Implementing Regulations Governing Ozone Emissions69
Natural Resources Defense Council v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-1321 (D.C. Cir. Dec. 23, 2014).
Seventh Circuit Finds EPA’s Redesignation of Three Geographic Areas as Having Attained NAAQS for Ozone Was ‘Reasonably Attributed’ to Emission Reductions71
Sierra Club v. U.S. Environmental Protection Agency, ___F.3d___, Case Nos. 12-2853, 12-3142, 12-3143 (7th Cir. Dec. 16, 2014).
D.C. Circuit Holds that the Lead in Spent Bullets and Shot Is Not Subject to EPA Regulation under the Toxic Substances Control Act73
Trumpeter Swan Society, et al. v. U.S. Environmental Protection Agency, et al., ___F.3d___, Case No. 13-5228 (D.C. Cir. Dec. 23, 2014).
District Court
Despite Finding Clean Air Act Violations, District Court Enters Judgment in Favor of Exxon in Citizen Suit75
Environment Texas Citizen Lobby, Inc. v. ExxonMobil Corporation, ___F.Supp.3d___, Case No. H-10-4969 (S.D. Tex. Dec. 17, 2014).
District Court Dismisses Citizen Suit against the Army Corps for Mootness Relating to Flood Control
Project77
Finca Santa Elena Inc. et al v. U.S. Army Corps of Engineers et al., ___F.Supp.3d___, Case No. 1:11-cv-00296 (D. D.C. Jan. 6, 2015).
District Court Finds Environmental Group Is Entitled to Jury Trial on the Issues of Clean Water Act/RCRA Liability for Civil Penalties78
North Carolina Environmental Justice Network v. Taylor, ___F.Supp.3d___, Case No. 4:12-CV-154-D (E.D. N.C. Dec. 29, 2014).
District Court Grants Injunction Forcing PPG Industries to Apply for a Clean Water Act Discharge Permit80
PennEnvironment, et al. v. PPG Industries, Inc., et al., ___F.Supp.3d___, Case No. 12-CV-342 (W.D. Pa. Dec. 10, 2014).
District Court Finds Benzene—Once Part of a Gasoline Mixture and Separating Later—Is Still Excluded from CERCLA Coverage Due to the ‘Petroleum Exclusion’82
White Plains Housing Authority v. Getty Properties Corporation, ___F.Supp.3d___, Case No. 13-cv-6282 (S.D. N.Y. Dec. 16, 2014).
