PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions291
REGULATORY DEVELOPMENTS
U.S. Environmental Protection Agency Seeks Information on Hydraulic Fracturing296
California Air Resources Board Adopts Regional Greenhouse Gas Emissions Reduction Targets for Automobile and Light Trucks Pursuant to Senate Bill 375298
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Holds Current Owner Status under CERCLA Is Determined at the Time Cleanup Costs Are Incurred, Not When a Lawsuit Is Filed. .300
California Department of Toxic Substances Control v. Hearthside Residential Corp., ___F.3d___, Case No. 09-55389 (9th Cir. 2010).
Ninth Circuit Denies City’s CERCLA 107(a) Action for the Recovery of Future Response Costs Based on Failure to Comply with the NCP302
City of Colton v. American Promotional Events, Inc., ___F.3d___, Case No. 06-56718 (9th Cir. Aug. 2, 2010).
D.C. Circuit Reject’s Constitutional Challenge to EPA’s Unilateral Administrative Order Scheme304
General Electric Co. v. U.S. Environmental Protection Agency, 610 F.3d 110 (D.C. Cir. 2010).
Environmental Protection Agency’s ‘Original Use’ Test for ‘Spent Material’ Regulation Withstands Challenge in the D.C. Circuit306
Howmet Corp. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 09-5360 (D.C. Cir. Aug. 6, 2010).
Second Circuit Affirms Preliminary Injunction Prohibiting Enforcement of New York City’s Rules Encouraging Hybrid Taxicabs308
Metropolitan Taxicab Board of Trade v. City of New York, ___F.3d___, Case No. 09-2901-cv, (2nd Cir. July 27, 2010).
Ninth Circuit Finds Stormwater Runoff From Logging Roads that Is Collected and Discharged Is a Point Source under the Clean Water Act309
Northwest Environmental Defense Center v. Brown, et al., ___F.3d___, Case No. 07-35266 (9th Cir. Aug. 17, 2010).
Eighth Circuit Rejects Sierra Club’s Clean Air Act Citizen Suit Challenging Coal Fired Power Plant Permits312
Sierra Club v. Otter Tail Power Company, ___F.3d___, Case No. 09-2862 (8th Cir. Aug. 12, 2010).
Fourth Circuit Overturns Emissions-Related Injunction Based on Public Nuisance Law314
The State of North Carolina, Ex Rel. Cooper v. Tennessee Valley Authority, ___F.3d___, Case No. 09-1623 (4th Cir. July 26, 2010).
Tenth Circuit Holds EPA May Disavow and Amend Tentative Interpretation of Its Own RCRA
Rules316
U.S. v. Magnesium Corporation of America, ___F.3d___, Case No. 08-4185 (10th Cir. Aug. 17, 2010).
