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Environmental, Energy and Climate Change Law & Regulation Reporter


Center for Biological Diversity Petitions EPA to Regulate Chemicals that Pose Widespread Risks to Human and Animal Reproduction67


Recent Investigations, Settlements, Penalties and Sanctions69


Circuit Court of Appeals:

Fourth Circuit Rejects Maryland’s Sovereign Immunity Claim for Liquefied Natural Gas Project Involving the Clean Water Act and Discharges into Navigable Waters73

AES Sparrows Point LNG, LLC; Mid-Atlantic Express, LLC, v. Shari T. Wilson, Secretary of the Maryland Department of the Environment, ___F.3d___, Case No. 09-1539 (4th Cir. Dec. 22, 2009).

D.C. Circuit Finds the Clean Air Act’s 60-Day Time Bar for Judicial Review of Regulations May Not Circumvented by Challenging EPA’s Denial of a Later Petition for Rulemaking75

American Road and Transportation Builders Association v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-1381 (D.C. Cir. Dec. 11, 2009).

Eighth Circuit Finds EPA Penalty under Clean Water Act Section 1319(g)(1) for Failure to Apply for Storm Water Permit, Inappropriate77

Service Oil, Inc. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-2819 (8th Cir. Dec. 28, 2009).

Second Circuit Upholds Nuclear Regulatory Commission’s Ruling Finding Low Fire Risk for Spent Fuel Storage79

State of New York v. U.S. Nuclear Regulatory Commission, ___F.3d___, Case Nos. 08-3903, 08-4833, 08-5571 (2nd Cir. Dec. 21, 2009).

District Court:

District Court Using Equitable Factors Dismisses Polluters’ Claims for Contribution81

Appleton Papers Inc. and NCR Corp., v. George A. Whiting Paper Co., et al.,___F.Supp.2d___, Case No. 08-C-16 (E.D. Wisc. Dec. 16, 2009).

District Court Finds Gun Range, as Potential Source of Pollution, Has Liability Exposure under the Clean Water Act and RCRA83

Benjamin v. Douglas Ridge Rifle Club, ___F.Supp. 2d ___, Case No. 07-1144-HA (D. Or. Dec. 1, 2009).

District Court Rules that U.S. Army Corps Violated the Clear Water Act and NEPA in Issuing Permits to Allow Surface Mining in West Virginia85

Ohio Valley Environmental Coalition v. U.S. Army Corps of Engineers, ___F.Supp.2d___, Case No. 3:08-0979 (S.D. W.Va. 2009).

District Court Allows Citizen Suit under Clean Water Act where Permit Not Modified by Consent Decree, Denies Claims Discharged in Bankruptcy87

Riverkeeper, Inc. v. Mirant Lovett, LLC, ___F.Supp.2d___, Case No. 05-CV-2792(CS) (S.D. N.Y. Dec. 15, 2009).

District Court Upholds EPA’s Rulemaking Regarding Georgia’s CAA Compliance Thereby Denying North Carolina’s Petition for Redressability89

State of North Carolina v. U. S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 08-1225 (D. D.C. 2009).

District Court Finds Equipment Changes Constituted Modifications to an Emissions Unit which Could Trigger CAA ‘BACT’ Requirements91

U.S. v. Westvaco Corporation, ___F.Supp.2d___, Case No. MJG-00-2602 (D. Md. Dec. 3, 2009).