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Environmental, Energy and Climate Change Law & Regulation Reporter


EPA to Begin Issuing Permits to Cover Pesticide Applications under the Clean Water Act319

Oregon Set to Enact Strict, New Water Quality Standards to Satisfy EPA and Confederated Tribes of Umatilla Reservation320


Recent Investigations, Settlements, Penalties and Sanctions322


Conservation Groups File Suit Challenging EPA Exemption to Biomass Facilities under the Clean Air Act327


Circuit Court of Appeals:

Third Circuit Denies Class Certification for Medical Monitoring and Property Damage from Contaminated Wastewater Due to Predominating Individual Issues330

Gates v. Rohm and Haas Company, LLC, ___F.3d___, Case Nos. 10-2108 (3rd Cir. Aug. 25, 2011).

Second Circuit Grants NRDC’s Petition Involving Pesticide Dichlorvos because EPA Did Not Property Conduct Certain Risk Assessments332

Natural Resources Defense Council v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-3771 (2nd Cir. Sep. 16, 2011).

Ninth Circuit Vacates Dismissal of Federal Action Challenging Constitutionality of Local Initiative Restricting Importation of Solid Waste334

Potrero Hills Landfill, Inc., et al. v. County of Solano, ___F.3d___, Case No. 10-15229 (9th Cir. Sept. 13, 2011).

Ninth Circuit Finds District Court’s Dismissal of Federal Claim and Remand of Insurance Coverage Claims to State Court Avoids ‘Piecemeal’ Litiga-


Street Co Inc. PA v. Transport Insurance Company, ___F.3d___, Case Nos. 10-55361, 10-55404 (9th Cir. Sep. 2, 2011).

District Court:

District Court Finds Army Corps’ Arbitrary Issuance of Reservoir Construction Permit Entitled Plaintiffs to an Award of Attorney’s Fees338

Alliance to save the Mattaponi, et al. v. U.S. Army Corps of Engineers, et al., ___F.Supp.2d___, Case No. 06-01268 (D. D.C. Sept. 13, 2011).

District Court Requires Army Corps to Amend Its EIS for Failure to Consider Post Hurricane Katrina Circumstances340

Holy Cross Neighborhood Association v. U.S. Army Corps of Engineers, ___F.Supp.2d___, Case No. 03-370 (E.D. La. Sept. 9, 2011).

District Court Finds State Cleanup Obligations Involving Ongoing Groundwater Pollution Are Never Dischargeable in Bankruptcy342

Mark IV Industries, Inc. v. New Mexico Environment Department, ___F.Supp.2d___, Case No. 11 CIV 648 (S.D. N.Y. Sep. 28, 2011).

District Court Denies Preliminary Injunction Motion to Halt Permitting of In-Stream Gravel Mining Impacting Salmon in Oregon River344

Northwest Environmental Defense Center v. U.S. Army Corps of Engineers, ___F.Supp.2d___, Case No. CV 10-1129-AC (D. Or. Sept. 19, 2011).