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Environmental, Energy and Climate Change Law & Regulation Reporter


New Legislation Requires Federal Agencies to Comply with Storm Water Fees95


EPA to Study Potential Drinking Water Impacts of Hydraulic Fractur-



Recent Investigations, Settlements, Penalties and Sanctions99


Two New NEPA Lawsuits Filed against the Bureau of Land Management for Its Approval of Solar Power Projects in California103


Circuit Court of Appeals:

Fourth Circuit Finds Environmental Plaintiffs Had Clean Water Act Standing but Deficient Notice to Support Most of their Claims105

Friends of the Earth, Inc. v. Gaston Copper Recycling Corp., ___F.3d___, Case No. 06-1714 (4th Cir. Jan. 5, 2011).

Fourth Circuit Holds Corps’ Rapanos Jurisdiction Fails in Absence of ‘Significant Nexus’ between Project Wetlands and Tributary107

Precon Development Corporation, Inc. v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 09-2239 (4th Cir. Jan. 25, 2011).

Although EPA Missed Its HAP Rule Making Deadline, the D.C. Circuit Grants EPA Additional Time to Respond to Extensive Comments109

Sierra Club v. U.S. Environmental Protection Agency, ___F.3d___, Case Nos. 01-1537 (PLF), 01-1548, 01-1558, 01-1569, 01-1578, 01-1597 (D.C. Cir. Jan. 20, 2011).

D.C. Circuit Affirms EPA’s Application of Hazard Ranking System for Inclusion of Magnesium Plant on the National Priorities List111

US Magnesium, LLC v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 09-1269 (D.C. Cir. Jan. 14, 2011).

District Court:

District Court Stays Discovery in Clean Water Act Citizen Suit until Decision on Motion to Dismiss Based on Statutory Preclusion113

California Sportfishing Protection Alliance v. Chico Scrap Metal, Inc., ___F.Supp.2d___, Case No. S-10-1207 GEB GGH (E.D. Cal. Jan. 14, 2011).

District Court Finds Plaintiffs Lack Evidence of Economic Loss to Enjoin EPA’s Enhanced Permitting Process115

National Mining Association v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 10-1220 (D. D.C. Feb. 8, 2011).

District Court Finds Pollutant Overflows into Sewer Systems that Discharge to Waters of the United States May Be a Violation of the Clean Water Act117

San Francisco Baykeeper v. West Bay Sanitary District, ___F.Supp.2d___, Case No. C-09 5676 EMC (N.D. Cal. Jan. 12, 2011).

Better to Cleanup Now than to Cleanup Later: Facing Disallowance of Future Cleanup Claims as a Contribution Claimant in Bankruptcy119

In re Lyondell Chemical Co., Case No. 09-10023 (REG), (Bankr. S.D. N.Y Jan. 4, 2011)


Wisconsin Court of Appeals Finds CGL Insurance Policy Provides Limited Coverage for EPA Cleanup Costs121

Watertown Tire Recyclers, LLC v. Nortman and Robertson Ryan & Associates, Inc., ACE Property and Casualty Insurance Co., Case No. 2010AP305 (Wis.App. Jan. 20, 2011).