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Environmental, Energy and Climate Change Law & Regulation Reporter


With Legislation Stalled, EPA Presses Forward with Greenhouse Gas Regulatory Program under the Clean Air Act as January 2011 Trigger Date

Approaches by Holly L. Pearson 323


Recent Investigations, Settlements, Penalties and Sanctions329


Tenth Circuit Denies Cherokee Nation’s Motion to Intervene in Tyson Case for CERCLA Violations in the Illinois River Watershed333

State of Oklahoma, v. Tyson Foods, Inc., et al., Case No. 09-5134 (10th Cir. Sept. 21, 2010).


Circuit Court of Appeals:

D.C. Circuit Rejects EPA Clean Air Act Rule on Chlorofluorocarbon Cap-and-Trade as Impermissibly Retroactive335

Arkema Inc. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 09-1318 (D.C. Cir 2010).

Ninth Circuit Finds Air Quality District’s Attempt to Limit Emissions from Idling Trains Preempted under Federal Law337

Association of American Railroads v. South Coast Air Quality Management District, ___F.3d___, Case No. 07-55804 (9th Cir. Sept. 15, 2010).

Fifth Circuit Holds Construction Company Was Not an ‘Arranger’ under CERCLA for Mistakenly Striking Pipeline338

Celanese Corporation v. Martin Eby Construction Company Inc., ___F.3d___, Case No. 09-20487 (5th Cir. Sept. 20, 2010).

Ninth Circuit Finds Prior Settlement Did Not Bar Later CERCLA Contribution Claims from Third Parties340

City of Emeryville v. Robinson, ___F.3d___, Case No. 09-15018 (9th Cir. Sept. 15, 2010).

Seventh Circuit Finds Illinois Regulations Not Specific Enough to Be Enforced in a Clean Air Act Citizen Suit342

McEvoy v. IEI Barge Services, ___F.3d___, Case Nos. 09-3494, 09-3495, (7th Cir. Sept. 7, 2010).

Ninth Circuit Finds the Clean Water Act Precludes Pre-Enforcement Judicial Review of Compliance


Sackett v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-35854 (9th Cir. Sept. 17, 2010).

Ninth Circuit Affords Deference to FERC, Denies Air Quality District’s Challenges to North Baja Natural Gas Pipeline System346

South Coast Air Quality Management District v. Federal Energy Regulatory Commission, ___F.3d___, Case No. 08-7226 (9th Cir. Sept. 9, 2010).

District Court:

EPA Enters into Consent Decree in District Court to Upgrade Oil Pipeline in the Face of Clean Water Act Violations348

U.S. v. Plains All American Pipeline, Case No. 4:10-cv-2833, consent decree (S.D. Tex. 2010).

Bankruptcy Court:

U.S. Bankruptcy Court Declines to Grant Priority Status to State’s Uninitiated Projected Response Costs at Debtor-Sold Facility350

In re Oldco M. Corporation, ___B.R.___, Case No. 09-13412 (Bankruptcy S.D. N.Y. Sept. 7, 2010).