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Environmental, Energy and Climate Change Law & Regulation Reporter


Recent Investigations, Settlements, Penalties and Sanctions163


International Maritime Organization Adopts Proposal—Designates U.S. Coastline as an Emissions Control Area167


Circuit Court of Appeals:

Ninth Circuit Finds a Petitioner’s Burden to ‘Demonstrate’ a Permit for Pollutant-Emitting Activities Violates Title V of the Clean Air Act169

MacClarence v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 07-72756 (9th Cir. March 4, 2010).

Ninth Circuit Clarifies ‘Arbitrary and Capricious’ Standard for Management of Forest System Lands under the Forest Management Act and NEPA171

Native Ecosystems Council v. Tidwell, ___F.3d___, Case No. 06-35890 (9th Cir. March 9, 2010).

District Court:

District Court Adopts a State Administrative Agreement as a Trigger for a Three-Year Statute of Limitations to CERCLA Contribution Actions173

Chitayat v. Vanderbilt Associates, ___F.Supp.2d___, Case No. 03-5314 (E.D. N.Y. March 22, 2010).

District Court Dismisses Fire Department’s CERCLA Suit to Recover Costs Associated with Motor Vehicle Accidents176

Emergency Services Billing Corporation, Inc v. Allstate Insurance Company, ___F.Supp.2d___, Case No. 4:09-Cv-45-Rl-Apr (N.D. Ind. March 19, 2010).

Applying the Burlington Northern ‘Arranger Test,’ the District Court Dismisses a CERCLA Claim against Dry Cleaning Machine Manufacturers178

Hinds Investments, L.P. v. Team Enterprises, Inc., ___F.Supp.2d___, Case No. CV F 07-0703 (E.D. Cal. March 12, 2010).

District Court Grants Injunction under RCRA in Kentucky Petroleum Solid Waste Case180

Kentucky Oil and Refining Company v. W.E.L., Inc., ___F.Supp.2d___, Case No. 7:09-148 (E.D. KY March 8, 2010).

U.S. District Court issues Decision on Motions for Summary Judgment in Clean Water Act Citizen Suit against the County of Los Angeles182

Natural Resources Defense Council v. County of Los Angeles, ___F.Supp.2d___, Case No. CV 08-1467 AHM (PLAx) (C.D. Cal. March 2, 2010).

Prior Plant Owner’s Failure to Obtain Preconstruction Permits Does Not Expose New Owner to the Clean Air Act PSD Requirement Liability185

U.S. and Citizens Against Ruining The Environment v. Midwest Generation, LLC, ___F.Supp.2d___, Case No. 09-cv-5277 (N.D. Ill. March 9, 2010).

District Court Finds the Pro Tanto Method of Credit Is Appropriate for CERCLA Settlement . .187

Veolia Es Special Services, Inc. v. Hiltop Investments Inc., ___F.Supp.2d___, Case No. 3:07-0153 (S.D. W.V. March 12, 2010).


Idaho Supreme Court Finds State Law Was Not Intended to Preempt Local Regulation of Water Quality at Confined Animal Feeding Operations189

Idaho Dairyman’s Association, Inc. v. Gooding County, ___Idaho___, Case No. 35980 (Idaho 2010).