Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Environmental, Energy and Climate Change Law & Regulation Reporter


EPA Prescribes a ‘Pollution Diet’ for the Impaired Chesapeake Bay

by Heidi P. Knight, William N. Sinclair, Pamela D. Marks, and Richard S. Davis, Beveridge 259


Recent Investigations, Settlements, Penalties and Sanctions265


Circuit Court of Appeals:

Tenth Circuit finds BLM Complied with NEPA When It Refused to Study a Phased Development Proposal as a Project Alternative269

Biodiversity Conservation Alliance v. U.S. Bureau of Land Management, ___F.3d___, Case No. 09-8011 (10th Cir. June 18, 2010).

Fifth Circuit Excludes Settlement Communications from Calculation of CERCLA Liability271

Lyondell Chemical Co. v. Occidental Chemical Co., ___F.3d___, Case No. 08-40060 (5th Cir. June 8, 2010).

Ninth Circuit Allows Non-Settling CERCLA PRPs to Intervene in Litigation to Oppose a Consent Decree Incorporating a Settlement273

U.S. v. Aerojet General Corp., ___F.3d___, Case No. 08-55996 (9th Cir. June 2, 2010).

District Court:

District Court Finds EPA Pollution Limits Violate Clean Water Act; Vacatur Stayed to Mitigate Disruptive Effects275

Anacostia Riverkeeper, Inc. v. Jackson, ___F.Supp.2d___, Case No. 09-0098 (D. D.C. 2010).

District Court Denies Motion for Partial Summary Judgment in Suit against TVA Due to Discretionary Function Doctrine277

Crichton v. Tennessee Valley Authority, ___F.Supp.2d___, Case No. 3:09-CV-592 (E.D. Tenn. June 15, 2010).

District Court Upholds Claim Challenging California’s Low Carbon Fuel Standard Based on Federal Conflict Preemption Principles279

Rocky Mountain Farmers Union v. Goldstene, ___F.Supp.2d___, Case Nos. CV-F-09-2234 LJO DLB, CV-F-10-163 LJO DLB (E.D. Cal. June 16, 2010).

District Court Dismisses CERCLA and Common Law Claims against Dry Cleaning Equipment Manufacturer Due to Manufacturer’s Lack of Control over Discharge281

Team Enterprises, LLC v. W. Investment Real Estate Trust, ___F.Supp.2d___, Case No. CV F 08-0872 (E.D. Cal. June 11, 2010).

District Court Finds Washington State DOT Potentially Liable as an Arranger under CERCLA for Controlling the Disposal of Highway Runoff284

U.S. v. Washington State Department of Transportation, ___F.Supp.2d___, Case No. C08-5722RJB (W.D. Wash. June 7, 2010).

Court of Federal Claims:

Federal Claims Court Finds U.S. Must Reimburse Oil Companies for Cleanup Costs Incurred by Reason of WWII AVGAS Production285

Shell Oil Company & Atlantic Richfield Company v. U.S., Case No. 06-141C (Fed. Cl. 2010).