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Environmental, Energy and Climate Change Law & Regulation Reporter


Funding NPDES MS4 Permit Requirements to ‘The Maximum Extent Practicable’ by Rebecca Andrews, Best Best 287


Recent Investigations, Settlements, Penalties and Sanctions293


Circuit Court of Appeals:

Ninth Circuit Finds Jurisdiction over Claim because Implementation Discretion of a Course of Action that Is a Policy Concern Is Not Barred under Discretionary Function Exception297

C. Myers, guardian ad litem; L.M., a minor v. U.S., ___F.3d___, Case No. 09-56092 (9th Cir. 2011).

Ninth Circuit Finds Dry Cleaning Manufacturer Is Not Responsible for Disposal of Hazardous Substances under RCRA299

Hinds Investment, L.P., v. Albert Angoioli et seq., ___F.3d___, Case Nos. 10-15607, 10-15951 (9th Cir. Aug. 1, 2011).

D.C. Circuit Upholds General Vessel Discharge Permit against Challenges that EPA Did Not Provide Opportunity for Notice and Comment301

Lake Carriers’ Association v. U.S. Environmental Protection Agency, ___F.3d___, Case Nos. 09-1001, 09-1010, 09-1076, 09-1115 (D.C. Cir. Jul. 22, 2011).

Seventh Circuit Affirms Penalties and Fees Arising from Power Plant Construction with Expired Clean Air Act PSD Permit303

Sierra Club v. Khanjee Holding (US) Incorporated, ___F.3d___, Case No. 09-4008 (7th Cir. Aug. 24, 2011).

District Court:

District Court Holds Section 107 Cost Recovery Is Only Recourse for Party Who Incurred Investigation and Remediation Costs Voluntarily305

Queens West Development Corporation, et. al. v. Honeywell International Inc., ___F.Supp.2d___, Case No. 10–4876 (D. N.J. Aug. 17, 2011).

District Court Finds State Law Claims Not Preempted under CERCLA, but Dismisses Some on Other Grounds307

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

District Court Finds a Permit Was Not Required under the Clean Air Act for Renovations to a Power Plant309

U.S. v. DTE Energy Co., ___F.Supp.2d___, Case No. 10-13101 (E.D. Mich. Aug. 23, 2011).


California Supreme Court Holds Renewal of Power Plant’s Cooling Water Intake Permit and ‘BTA’ Finding Premised on Cost-Benefit Comparison311

Voices of the Wetlands v. State Water Resources Control Board, ___Cal.4th___, 257 P.3d 81 (Cal. 2011).

California Court of Appeal Holds Complete Compliance with the California Environmental Quality Act Notice Provisions Is Essential and Reversible only when Prejudice Exists313

Schenck v. County of Sonoma, ­­­___Cal.App.4th___, Case No. A129646 (Cal.App. 1st Dist. Aug. 26, 2011).