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Environmental, Energy and Climate Change Law & Regulation Reporter


Copenhagen Climate Change Conference Leaves Much Debate over Its Ultimate Accomplishments by Michael McDonough and Holly L. Pearson, Bingham McCutchen99


Recent Investigations, Settlements, Penalties and Sanctions104


Circuit Court of Appeals:

Tenth Circuit Affirms Judgment against Aircraft Company for Remediation Costs under CERCLA Section 107(A) for TCE Groundwater Contamination108

Raytheon Aircraft Company v. U.S, ___F.3d___, Case No. 08-3237 (10th Cir. 2009).

Eleventh Circuit Holds Army Corps Abused Its Discretion in Granting CWA Permits for Limestone Mining within the Lake Belt Aquifer110

Sierra Club v. Van Antwerp, ___F.3d___, Case No. 09-10877 (11th Cir. Jan. 21, 2010).

Ninth Circuit Finds Written Comments Challenging a Pesticide Registration Decision Meets FIFRA ‘Public Hearing’ Requirement113

United Farm Workers of America v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-35528 (9th Cir. Jan. 26, 2010).

Sixth Circuit Approves Clean Water Act Consent Decree Rejected by District Court115

U.S. v. Lexington- Fayette Urban County Government, 591 F.3d 484 (6th Cir. 2010).

District Court:

District Court Rules ‘Imminent and Substantial Endangerment’ under RCRA Must Be Measured ‘At The Time Of Suit’116

American International Specialty Lines Ins. Co. v. 7-Eleven, Inc., ___F.Supp.2d___, Case No. 3:08-cv-807-M (N.D. Tex. Jan. 19, 2010).

District Court Denies Reconsideration Motion in CERCLA Action, Finding that No Contamination Had Migrated from Defendant’s Property119

Champion Laboratories, Inc. v. Metex Corp., ___F.Supp.2d___, Case No. 02-5284 (D. N.J. Jan. 4, 2010).

District Court Refuses to Apply CERCLA Arranger Liability to Manufacturer/Franchiser of Dry Cleaning Equipment121

Hinds Investment, L.P. v. Team Enterprises, Inc., ___F.Supp.2d___, Case No. CV 07-0703 (E.D. Cal. Jan. 14, 2010).

District Court Denies EPA and Corps’ Motion for Transfer of Venue in Dispute over CWA Designation of ‘Traditional Navigable Waters‘122

National Association of Home Builders v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 09-0548 (RMU) (D. D.C. 2009).

District Court Awards Reduced Attorney’s Fees for Partially Successful CERCLA Plaintiffs124

Sierra Club v. Johnson, ___F.Supp.2d___, Case No. C 08-01409 WHA (N.D. Cal. Jan. 12, 2010).