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Environmental, Energy and Climate Change Law & Regulation Reporter


EPA Announces Changes to Cross-State Air Pollution Rule to Reduce Power Plant Emissions Finalized in July 20113


Recent Investigations, Settlements, Penalties and Sanctions5


Circuit Court of Appeals:

Third Circuit Vacates District Court Abstention-Based Dismissal of RCRA and CWA Citizen Suits9

Raritan Baykeeper v. NL Industries, Inc., ___F.3d___, Case No. 10-2591 (3rd Cir. Oct. 3, 2011).

Ninth Circuit Holds Manufacturers Must Intend For or Control the Unlawful Disposal of Hazardous By-Product to Be Liable under CERCLA11

Team Enterprises, LLC v. Western Investment Real Estate Trust, ___F.3d___, Case No. 10-16916 (9th Cir. Sept. 26, 2011).

Tenth Circuit Denies District Attorney’s Citizen Suit Based on a Lack of Standing under the Clean Water Act13

Thiebaut v. Colorado Springs Utilities, ___F.3d___, Case No. 10-1471 (10th Cir. Oct. 12, 2011).

District Court:

District Court Dismisses Strict Product Liability and Negligent Misrepresentation Claims in Suit Alleging Inadequate Site Cleanup14

Bancorpsouth Bank v. Environmental Operations, Inc., et al., ___F.Supp.2d___, Case No. 4:11CV9 HEA (E.D. Mo. Oct. 11, 2011).

District Court Denies Summary Judgment Motion Seeking to Avoid CERCLA Liability on Successor Liability Grounds16

City of San Diego v. National Steel and Shipbuilding Company, ___F.Supp.2d___, Case No. 09cv2275 (S.D. Cal. Oct. 27, 2011).

District Court Addresses Scope of EPA’s Authority under the Clean Water Act in Connection with Dredge and Fill Permits18

National Mining Association v. Jackson, ___F.Supp.2d___, Case Nos 10-1220 (RBW), 11-0295, 11-0446, 11-0447 (D. D.C. Oct. 6, 2011).

District Court Finds Admission that Release ‘May’ Present an Imminent and Substantial Endangerment Sufficient to Grant Affirmative Relief20

Olson v. Beck, ___F.Supp.2d___, Case No. 3:2006cv07487 (N.D. Cal. Oct. 5, 2011).

District Court Finds Arizona Lottery Funds Must Be Used toward the Clean Air Act State Implementation Plan22

Paisley v. Darwin, ___F.Supp.2d___, Case No. CV-10-1253-PHX-DGC (D. Ariz. 2011).

District Court Finds Triable Issue of Fact Regarding ‘Release’ in Broken Physical Barrier to Hazardous Substances under CERCLA24

Saline River Properties, LLC v. Johnson Controls Inc., ___F.Supp.2d___, Case No. 10-10507 (E.D. Mich. Oct. 17, 2011).

District Court Holds Insurer Has Duty to Defend Underlying CERCLA Action Given the Potential for Property Damage with ‘Continuous Release’ of Mining Tailings26

Wells Cargo, Inc. v. Transport Insurance Company, ___F.Supp.2d___, Case No. 1:08-CV-00491-BLW (D. Id. Oct. 26, 2011).


Colorado State Court Orders Mining Company to Clean Up Uranium Contamination at Mine that Could Impact Drinking Water28

Cotter Corp. v. Mined Land Reclamation Board, Case No. 2010C7609 (St. Dist. Ct. Sept. 30, 2011).