Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Environmental, Energy and Climate Change Law & Regulation Reporter


The Tucson Herpetological Society v. Salazar Decision and Its Progeny: A Move Away from Blind Deference to Agency Decision-Making by K. Eric Adair and Rebecca R. Akroyd, Kronick, Moskovitz, Tiedemann 99


Recent Investigations, Settlements, Penalties and Sanctions105


Circuit Court of Appeals:

Ninth Circuit Holds EPA Approval of San Joaquin Valley 2004 SIP to Be Arbitrary and Capricious109

Sierra Club v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case Nos. 10-71457, 10-71458 (9th Cir. Jan. 20, 2012).

District Court:

District Court Rules on Validity of 50 Affirmative Defenses Asserted under CERCLA for Groundwater Basin Contamination111

City of Colton v. American Promotional Events, Inc., ___F.Supp.2d___, Case No. ED CV 09-01864 PSG (C.D. Cal. Jan. 5, 2012).

District Court Holds Defendant’s Attempt to Relinquish Its Interest in an NPDES Permitted Site Is Not a Defense to a Clean Water Act Citizen


Idaho Conservation League v. Atlanta Gold Corporation, ___F.Supp.2d___, Case No. 1:11-cv-161-MHW (D. Id. Jan. 9, 2012).

District Court Allows Issue of Plaintiff-Land Owner’s Ability to Recover Costs under CERCLA that Were Expended by Lessee to Be Presented at Trial115

Iron Partners, LLC v. Maritime Administration, ___F.Supp.2d___, Case No. 3:08-CV-05217-RBL (W.D. Wa. Jan. 11, 2012).

District Court Defers to EPA—Finds Agency Did Not Determine 2010 SCR Diesel Engines to Be Incompliant with the Clean Air Act116

Navistar, Inc. v. U.S. Environmental Protection Agency, et al., ___F.Supp.2d___, Case No. 11-769(CKK), (D. D.C. Jan. 17, 2012).

District Court Holds Agency Reliance on Convenient Timing Restrictions for Stay under the APA Must Be Rooted in Pending Judicial Proceedings118

Sierra Club v. Jackson, ___F.Supp.2d___, Case No. 11-1278 (D. D.C. Jan. 9, 2012).

District Court Holds EPA’S CERCLA Administrative Claims Triggered Insurer’s Duty to Defend and Indemnify120

United States Fire Insurance Company v. Estate of James Campbell, ___F.Supp.2d___, Case No. 11-00006 LEK-KSC (D. Hi. Dec. 30, 2011).

District Court Finds Burford Abstention Does Not Apply to CWA Citizen Suit Limited to Enforcing Existing NPDES Permit Defendant Is Currently Attempting to Alter122

West Highlands Conservancy v. Monongahela Power Company, ___F.Supp.2d___, Case No. 1:11cv71 (N.D. W.V. Jan 3, 2012).

Claims Court:

Claims Court Strikes Down Takings Claim for Corps’ Denial of CWA Section 404 Fill Permit Because Applicants Failed to Address Alternative Sites124

Mehaffy v. U.S., Case No. 09-860L (Fed. Cl. Jan. 10, 2012).