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Environmental, Energy and Climate Change Law & Regulation Reporter


Finding the Missing Link of Toxic Torts: Using ‘Cottle’ Orders to Determine Causation by Gene Tanaka, Best Best 3


Recent Investigations, Settlements, Penalties and Sanctions8


EPA Environmental Appeals Board Applies Rapanos’ Significant Nexus Standard—Finds Wetlands Subject to Clean Water Act Jurisdiction13

In Re: Smith Farm Enterprises, LLC, Case No. CWA-03-2001-0022 (EPA Env.App.Bd. 2010).


Circuit Court of Appeals:

Ninth Circuit finds No Error in EPA’s Decision to Transfer Clean Water Act NPDES State Administration to Alaska16

Akiak Native Community, et al., v. U.S. Environmental Protection Agency, et al., ___F.3d___, Case No. 08-74872 (9th Cir. Nov. 4, 2010).

Ninth Circuit Holds Insurer Was Obligated to Defend a Remediation Contractor Based on ‘Time on Risk’—and to Indemnify18

Arrowood Indemnity Co. v. Travelers Indemnity Co. of Connecticut, ___F.3d___, Case No. B219491 (9th Cir. Oct. 6, 2010).

Eleventh Circuit Holds District Court Violated Separation of Powers between Judicial and Executive Branches by Ordering EPA Administrator to Personally Appear in Court20

In re USA, U.S. Environmental Protection Agency, ___F.3d___, Case No. 10-14535 (11th Cir. Oct. 28, 2010).

Economics Lesson for the EPA—Seventh Circuit Recalculates Power Plant Emission Increases Based on Approved State Implementation Plan23

U.S. v. Cinergy Corp., ___F.3d___, Case Nos. 09-3344, 09-3350, 09-3351 (7th Cir. Oct. 12, 2010).

District Court:

District Court finds CERCLA 104(E) Letter Triggers Liability Insurers’ Duty to Indemnify24

Ash Grove Cement Co. v. Liberty Mutual Ins. Co., ___F.Supp.2d___, Case No. 09-239-KI (D. Or. Sept. 30, 2010).

District Court finds Trustees Are Exempt from Liability under CERCLA Fiduciary Exemption26

Palmtree Acquisition Corp. v. Neely, ___F.Supp.2d___, Case No. C 08-3168 MHP (N.D. Cal. Oct. 24, 2010).

District Court finds Standing for Clean Water Act Citizen Suit Despite Defendant’s Prior Consent Agreement with State of Pennsylvania27

Pennenvironment, et al. v. RRI Energy Northeast Management Company, ___F.Supp.2d___, Case No. 07-475 (W.D. Penn, 2010).

District Court Addresses CERCLA Statute of Limitations Issues within the Third Judicial District in Cost Recovery Action29

U.S. v. Rohm and Haas Company, et al., ___F.Supp.2d___, Case No. 09-5528 (D. N.J. 2010).