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Environmental, Energy and Climate Change Law & Regulation Reporter


Navigating the Landscape of the California Renewable Portfolio Standard by Sarah M. Barker-Ball and Monica A. Schwebs, Bingham McCutchen, San Francisco255


Recent Investigations, Settlements, Penalties and Sanctions261


U.S. Supreme Court:

U.S. Supreme Court Holds the Clean Air Act Displaces Federal Common Law Right to Seek Limits on Carbon Dioxide Emissions265

American Electric Power Co. v. State of Connecticut, ___U.S.___, Case No. 10-174 (June 20, 2011).

Circuit Court of Appeals:

First Circuit Holds Hydroelectric Facility Modifications Required FERC Approval Pursuant to the Federal Power Act267

L.S. Starrett Co. v. The Federal Energy Regulatory Commission, ___F.3d___, Case No. 10-1470 (1st Cir. June 15, 2011).

Ninth Circuit Affirms Dismissal of Clean Air Act Citizen Suit Involving Invalid Emission Reduction Credits269

Natural Resources Defense Council, Inc., v. South Coast Air Quality Management District, ___F.3d___, Case No. 09-57064, (9th Cir. June 29, 2011).

Ninth Circuit Holds a Citizen Suit under CERCLA Cannot Be Used to Enforce Violations of an EPA Administrative Order271

Pakootas v. Teck Cominco Metals, Ltd., ___F.3d___, Case No. 08-35951 (9th Cir. July 1, 2011).

Ninth Circuit Finds Railroads Not Liable Pursuant to State or Federal Theories of Recovery for GroundwaterContamination under Their Tracks273 

Redevelopment Agency of the City of Stockton v. BNSF Railway Company ___F.3d___, Case Nos. 09-16585, 009-16739, 09-17640 (9th Cir. June 28, 2011).

Tenth Circuit Holds Citizen Suits Brought under the Clean Air Act Can Be Barred by the Doctrine of Issue Preclusion275

Sierra Club v. Two Elk Generation Partners, Limited Partnership, ___F.3d___, Case No. 10-8032 (10th Cir. May 31, 2011).

District Court:

District Court Dismisses Environmental Claims for Injunctive Relief In ‘Deepwater Horizon’ Gulf Oil Spill277

In re Oil Spill by the Oil Rig ‘Deepwater Horizon’ in the Gulf of Mexico, On April 20, 2010, ___F.Supp.2d____, Case No. MDL 2179 (E.D. La. 2011).

District Court Finds State Law Claims Not Preempted under CERCLA, but Dismisses Several Claims on Other Grounds279

State of New York v. West Side Corp., ___F.Supp.2d___, Case No. 07-CV-4231 (E.D. N.Y. June 3, 2011).

District Court Denies Defendant’s Motion to Enforce CERCLA Consent Decree and Enjoin State Court Contribution Action281

U.S. v. Reuland Electric Co., ___F.Supp.2d___, Case No. CV 08-5618 (C.D. Cal. June 8, 2011).