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Environmental, Energy and Climate Change Law & Regulation Reporter


Residential Homebuilder Settles Alleged Clean Water Act Violations in 21 States35


Recent Investigations, Settlements, Penalties and Sanctions37


EPA Orders CalTrans to Upgrade Statewide Clean Water Act Stormwater Management Program41


Circuit Court of Appeals:

Tenth Circuit Upholds Northwest Interstate Compact’s Exclusionary Authority of Member States to Preclude Importing and Disposal of Low-Level Radioactive Waste43

EnergySolutions, LLC v. State of Utah, ___F.3d___, Case Nos. 09-4122, 09-4126, 09-4124 (10th Cir. Nov. 9, 2010).

Ninth Circuit Affirms Local Air District’s Indirect Source Review Rule Regulating Construction Equipment Emissions at Development Sites45

National Association of Home Builders v, San Joaquin Valley Unified Air Pollution Control District, ___F.3d ___, Case No. 08-17309 (9th. Cir. Dec. 7, 2010).

Fifth Circuit Finds Clean Air Act Maximum Control Technology Determination Was Required Regardless of Phase of Construction at Coal Fired


Sierra Club, Inc. v. Sandy Creek Energy Associates, ___F.3d___, Case No. No. 09-51079 (5th Cir. Nov. 23, 2010).

Ninth Circuit Finds CERCLA Consent Decree between State and Railroad Did Not Bar Private Common Law Restoration Claims49

State of Montana v. Burlington Northern and Santa Fe Railway Company, ___F.3d___, Case No. 08-35667 (9th Cir. Nov. 1, 2010).

Fourth Circuit Holds State Was a Clean Water Act ‘Operator’ of Reclaimed Surface Mining Sites Subject to NPDES Requirements51

West Virginia Highlands Conservancy, Inc. v. Huffman, ___F.3d___, Case No. 09-1474 (4th Cir. Nov. 8, 2010).

District Court:

District Court Holds Environmental Remediation Firm Can Be Liable as an ‘Operator’ under


KFD Enterprises, Inc. v. City of Eureka, ___F.Supp.2d___, Case No. C 08-4571 MMC (N.D. Cal. Nov. 12, 2010).

District Court Holds State Agency Liable as an ‘Arranger’ under CERCLA for Designing, Installing and Operating a Storm Water Drainage System55

U.S. v. Washington State Department of Transportation, ___F.Supp.2d___, Case No. 09-5722RJB (W.D. Wash. Nov. 17, 2010).

Bankruptcy Court:

Bankruptcy Court Holds Environmental Cleanup Obligation Dischargeability in Bankruptcy Depends On the Underlying Enforcement Statute56

Mark IV Indus., Inc. v. N.M. Environmental Department (In re Mark IV Indus., Inc.), Case No. 09-12795 (S.D. N.Y. 2010).

Federal Claims Court:

Federal Claims Court Finds U.S. Not Liable for Land Contaminated with Hazardous Waste58

U.S. Home Corporation, Beechwood at Edison, LLC, Beechwood Shopping Center, LLC, v. U.S., Case No. 09-63 C (Fed. Claims Nov. 9, 2010).