Environmental, Energy and Climate Change Law & Regulation Reporter
ENVIRONMENTAL NEWS
California Assembly Bill Promotes Voluntary, Local Conservation
Measures, with an Eye to Climate Change Resiliency275
California Cap-and-Trade Expenditure Plan Invests in Clean Energy and Disadvantaged Communities276
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions278
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Eleventh Circuit Approves Different Requirements for Grandfathered
Clean Water Act Permits—Upholds Nationwide Permit for Surface Coal
Mining282
Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 15-14745 (11th Cir. Aug. 12, 2016).
D.C. Circuit Finds It Cannot ‘Rescue’ the Federal Government from Overpayment of CERCLA Remediation Costs that Were Made via Contractual Agreement284
Lockheed Martin Corporation v. U.S., ___F.3d___, Case No. 14-5302 (D.C. Cir. Aug. 19, 2016).
D.C. Circuit Holds that EPA’s Clean Air Act Implementation Rule Was a Reasonable Exercise of EPA’s Gap-Filling Authority286
WildEarth Guardians, et al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-1145 (D.C. Cir. July 29, 2016).
District Court:
District Court Dismisses California Cities’ PCB Discharge Claims for Stormwater Runoff into San Francisco Bay288
City of San Jose, et al. v. Monsanto Co., et al., ___F.Supp.3d___, Case No. 5:15-cv-03178-EJD (N.D. Cal. Aug. 22, 2016).
District Court Holds a Unilateral Administrative Order Pursuant to CERCLA Section 106 Is not a ‘Civil Action’ for the Purposes of Section 113(f) Claim for Contribution289
Diamond X Ranch LLC, v. Atlantic Richfield Company, ___F.Supp.3d___, Case No. 3:13-cv-00570-MMD-WGC (D. Nev. Aug. 26, 2016).
District Court Denies Government’s Request for Dismissal Based On CERCLA Consent Decree, but Grants Motion Limiting Reimbursement292
U.S. v. NCR Corp. and Appleton Papers Inc, ___F.Supp.3d___, Case No. 10-C-910 (E.D. Wis. Aug. 19, 2016).
District Court Finds Ordinary Corporate Correspondence Sufficient to Support Trial on PRP Status under CERCLA293
Virginia Street Fidelco, LLC v. Orbis Products Corporation, ___F.Supp.3d___, Case No. 11-2057 (D. N.J. Aug. 3, 2016).
RECENT STATE DECISIONS
California Court of Appeal Holds Air Quality Receptor Thresholds may Have Limited Application in CEQA Analyses296
California Building Industry Association v. Bay Area Air Quality Management District, 2 Cal.App.5th 485 (1st Dist. 2016).
