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


Recent Investigations, Settlements, Penalties and Sanctions63


EPA Delays the Reporting of Key Data Elements under the Greenhouse Gas Reporting Program of the Clean Air Act68


Circuit Court of Appeals:

Seventh Circuit Holds Settlement of Groundwater Contamination/Diminution in Property Value Action Cannot Bar Subsequent CERCLA Section 113(b) Contribution Claim70

Arrow Gear Company v. Downers Grove Sanitation District, ___F.3d___, Case No. 09-4030 (7th Cir. Dec. 10, 2010).

Ninth Circuit Affirms Decision to Approve Expansion of Mine with Selenium Pollution in the Face of Clean Water Act, NEPA and National Forest Management Act Claims72

Greater Yellowstone Coalition v. Lewis, ___F.3d___, Case No. 09-35729 (9th Cir. Dec 23, 2010).

D.C. Circuit Defers to FERC’s Refusal to Impose Water Flow Conditions on PacifiCorp’s Operation of the Klamath Hydroelectric Project74

Hoopa Valley Tribe v. Federal Energy Regulatory Commission, ___F.3d___, Case No. 09-1134, (D.C. Cir. Dec. 28, 2010).

Ninth Circuit Finds No Violation of NEPA or National Forest Management Act Relating to National Forest Service Decision to Thin Trees in Idaho National Forest76

Lands Council v. McNair, ___F.3d___, Case No. 09-36026 (9th Cir. Dec. 28, 2010).

D.C. Circuit Holds EPA Final Rule on Renewable Fuel Standard Did Not Violate the Energy Independence Act and Was Not Impermissibly Retro-


National Petrochemical & Refiners Association v. U.S. Environmental Protection Agency, ___F.3d___, Case Nos. 10-1070 and 10-1071 (D.C. Cir. Dec. 21, 2010).

First Circuit Affirms Federal Enforcement under RCRA of EPA-Approved State Hazardous Waste Regulations81

U.S. v. Southern Union Company, ___ F.3d___, Case No. 09-2403 (1st Cir. Dec. 22, 2010).

District Court:

District Court Affirms Imminent and Substantial Endangerment Standard under RCRA and Clarifies Organizational Standing Requirements83

Natural Resources Defense Council v. County of Dickson, ___F.Supp.2d___, Case No. 3:08-0229 (M.D. Tenn. Jan. 3, 2011).

District Court Holds CERCLA Section 113 Does Not Expressly Make Entry of Declaratory Judgment a ‘Definitional Characteristic’ of an ‘Initial


U.S. v. General Electric Co., unpublished, Case No. 06-CV-354 PB (D. N.H. Dec. 3, 2010).

District Court Holds Admission of Liability Not a Prerequisite to Bring a CERCLA Contribution


U.S. v. Kramer, ___F.Supp.2d___, Case Nos. 89-4340, 89-4380 (D. N.J. Dec. 9, 2010).