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Environmental, Energy and Climate Change Law & Regulation Reporter

November 2014

Volume 7, Number 6 November 2014


President Obama Announces Executive Order on Factoring Climate Resiliency in International Development Programs and Investments159

New York Governor Signs Law that Encourages State and Local Agencies to Consider Climate Risks161

Michigan Utility Settles with EPA and the U.S. Department of Justice over Clean Air Allegations162


Recent Scientific Studies on Climate Change164


United States Department of Defense Releases Climate Change Adaptation Roadmap167

State and Federal Agencies Release for Public Comment the Draft Renewable Energy and Conservation Plan for California’s Deserts168


Recent Investigations, Settlements, Penalties, and Sanctions171


Ninth Circuit Reverses District Court, Finding that Discharges of Coal into Resurrection Bay, Alaska Violated the Clean Water Act174

Alaska Community Action on Toxics v. Aurora Energy Services, LLC, ___F.3d___, Case No. 13-35709 (9th Cir. Sept. 3, 2014).

Seventh Circuit Holds Filing Deadline and Venue Requirements for Challenging Clean Air Act Regulations Are Not ‘Jurisdictional’176

Clean Water Action Council of Northeastern Wisconsin, Inc., v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-3388 (7th Cir. Aug. 29, 2014).

Sixth Circuit Holds Insurance Broker Had No Duty to Advise Client to Obtain Pollution Liability Insurance before Oil Spill177

Hardy Oil Company, Inc. v. Nationwide Agribusiness Insurance Co., ___F.3d___, Case Nos. 13-6373, 13-6445 (6th Cir. Sep. 22, 2014).

District Court Finds Water District Is Barred from Bringing Suit against Oil Companies for Groundwater Contaminationdue to Prior Prosecution179

In Re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation., ___F.Supp.2d___, Case No. 04 Civ. 4968 (S.D. N.Y. Sept. 16, 2014).

District Court Dismisses State’s Suit against EPA because Court Lacked Jurisdiction over Non-final Agency Action181

State of Nebraska v. U.S. Environmental Protection Agency, Case No. 4:14-CV-3006, Memorandum and Order (D. Neb. Oct. 6, 2014).