REGULATORY DEVELOPMENTS
U.S. Government Accountability Office Examines Fragmented Federal Diesel Emissions Programs131
California Air Resources Board Approves Advanced Clean Car Rules133
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions135
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Seventh Circuit Finds Owners of Personal Motor Vehicles Involved in Accidents Are Not Liable for CERCLA Response Costs under the ‘Consumer Products in Consumer Use’ Exemption139
Emergency Services Billing Corp. v. Allstate Insurance Company, et al., ___F.3d___, Case No. 11-2381 (7th Cir. Feb. 2, 2012).
District Court:
District Court Denies Attempt to Extend Bestfoods Analysis for Holding Related Entities Responsible in Non-CERCLA Context141
Babb v. Lee County Landfill SC, LLC, ___F.Supp.2d___, Case No. 3:10-cv-01724-JFA (D. S.C. Feb. 9, 2012).
District Court Holds Excess Insurer Has a Duty to Defend in a Dispute over the Cleanup of a Superfund Site before the Exhaustion of Underlying Coverage142
Century Indemnity Company v. The Marine Group, LLC, ___F.Supp.2d___, Case No. 08-1375-AC (D. Or. Jan. 27, 2012).
District Court Denies Motion to Enjoin Enforcement of California Regulation to Reduce Emissions of Diesel Particulate Matter144
California Dump Truck Owners Association v. Nichols, ___F.Supp.2d___, Case No. 2:11-cv-00384-MCE-GGH, (E.D. Cal. Jan. 30, 2012).
District Court Upholds EPA Adopted Numeric Water Quality Standards for Florida but Requires that Criteria Address the Effects of Nutrient Levels146
Florida Wildlife Federation, Inc. v. Jackson, et al., ___F.Supp.2d___, Case No. 4:08cv324–RH/WCS, et seq. (N.D. Fla. Feb. 18, 2012).
District Court Finds Deliberative Process Exemption Applies to EPA Emails, Press Releases, Fact Sheets, and Maps Relating to Water Quality Standards.148
Metropolitan St. Louis Sewer District v. U.S. Environmental Protection Agency, ____F.Supp.2d____, Case No. 4:10-CV-2103 (E.D. Mo. Mar. 2, 2012).
District Court Holds EPA Has No Duty to Approve or Disapprove Missouri’s Water Quality Standards Not Revised During the Triennial Review150
Missouri Coalition for the Environment Foundation v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 10-04169-CV-C-NKL (W.D. Mo. Feb. 16, 2012).
District Court Finds Requirements and Limitations under the Clean Air Act for Major Modifications to Coal Powered Energy Generation Facility152
U.S. v. Ameren Missouri, ___F.Supp.2d___, Case No. 4:11 CV 77 RWS (E.D. Mo, Jan. 27, 2012).
District Court Directs Forest Service to Supplement Its Environmental Assessment or Draft an EIS to Meet NEPA Requirements on National Forest Travel Route154
Wilderness Society v. U.S. Forest Service, ___F.Supp.2d___, Case No. CV08–363–E–EJL (D. Id. Feb. 21, 2012).
