FEATURE ARTICLE
The Evolution of CERCLA Liability: The First Circuit Addresses Arranger Liability—Finds the Sale of Scrap Hazardous Material Constituted the ‘Intent to Dispose’ by Suedy Torabi and Rebecca Couch, Bingham McCutchen, Los Angeles159
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions164
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
D.C. Circuit Finds EPA’s Designation of Counties as CAA Nonattainment Areas Was Neither Arbitrary Nor Capricious and Related to Salt Lake City’s Nonattainment168
ATK Launch Systems, Inc. v. U.S. Environmental Protection Agency, 669 F.3d 330 (D.C. Cir. 2012).
Fifth Circuit Finds EPA’s Veto of the Yazoo Pump Station Was Proper under the Clean Water Act Section 404(c)170
Board of Mississippi Levee Commissioners v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 11-60302 (5th Cir. Mar. 6, 2012).
Ninth Circuit Holds Costs Awarded Pursuant to Dismissal for Lack of Jurisdiction Are Based on the Totality of Circumstances172
Otay Land Company v. United Enterprises LTD, ___F.3d___, Case No. 10-55550 (9th Cir. Mar. 14, 2012).
Federal Circuit Upholds Strict Compliance with Judicial Conflict of Interest Rules174
Shell Oil Company and Atlantic Richfield Company v. U.S., ___F.3d___, Case No. 2010-5161 (Fed. Cir. Mar 7, 2012).
Seventh Circuit Holds Municipality’s Distribution of Contaminated Well Water Triggered Insurance Policies’ Pollution Exclusion175
Scottsdale Indemnity Co. v. Village of Crestwood, ___F.3d___, Case Nos. 11-2385, 11-2556, 11-2583 (7th Cir. Mar. 12, 2012).
Eleventh Circuit Holds Parties to CERCLA Consent Decree Are Limited to Seeking Contribution as a Means to Recuperate Cleanup Costs177
Solutia, Inc v. McWane, Inc., ___F.3d___, Case No. 10-15639 (11th Cir. Mar. 6, 2012).
District Court:
Applying Clean Water Act ‘Citizen Enforcer’ Provision, District Court Rejects Manufacturer’s Motion to Dismiss, Grants Environmental Group’s Motion to Compel Discovery179
California Sportfishing Protection Alliance v. Callaway, ___F.Supp.2d___, Case No. S-10-1801 GEB GGH PS (E.D. Cal. Mar. 20, 2012).
District Court Finds Action Filed Prior to Initiation of CERCLA Cleanup Barred as Interfering with Subsequent Cleanup Action181
El Paso Natural Gas Co. v. U.S., ___F.Supp.2d___, Case No. 07-905 (D. D.C. Mar. 19, 2012).
District Court Holds EPA Lacked the Authority to Revoke an Army Corps Authorized Clean Water Act Section 404 Permit183
Mingo Logan Coal Company v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 10-0541(D. D.C. Mar. 23, 2012).
