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Environmental, Energy and Climate Change Law & Regulation Reporter


The Evolution of CERCLA Liability: The First Circuit Addresses Arranger Liability—Finds the Sale of Scrap Hazardous Material Constituted the ‘Intent to Dispose’ by Suedy Torabi and Rebecca Couch, Bingham McCutchen, Los Angeles159


Recent Investigations, Settlements, Penalties and Sanctions164


Circuit Court of Appeals:

D.C. Circuit Finds EPA’s Designation of Counties as CAA Nonattainment Areas Was Neither Arbitrary Nor Capricious and Related to Salt Lake City’s Nonattainment168

ATK Launch Systems, Inc. v. U.S. Environmental Protection Agency, 669 F.3d 330 (D.C. Cir. 2012).

Fifth Circuit Finds EPA’s Veto of the Yazoo Pump Station Was Proper under the Clean Water Act Section 404(c)170

Board of Mississippi Levee Commissioners v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 11-60302 (5th Cir. Mar. 6, 2012).

Ninth Circuit Holds Costs Awarded Pursuant to Dismissal for Lack of Jurisdiction Are Based on the Totality of Circumstances172

Otay Land Company v. United Enterprises LTD, ___F.3d___, Case No. 10-55550 (9th Cir. Mar. 14, 2012).

Federal Circuit Upholds Strict Compliance with Judicial Conflict of Interest Rules174

Shell Oil Company and Atlantic Richfield Company v. U.S., ___F.3d___, Case No. 2010-5161 (Fed. Cir. Mar 7, 2012).

Seventh Circuit Holds Municipality’s Distribution of Contaminated Well Water Triggered Insurance Policies’ Pollution Exclusion175

Scottsdale Indemnity Co. v. Village of Crestwood, ___F.3d___, Case Nos. 11-2385, 11-2556, 11-2583 (7th Cir. Mar. 12, 2012).

Eleventh Circuit Holds Parties to CERCLA Consent Decree Are Limited to Seeking Contribution as a Means to Recuperate Cleanup Costs177

Solutia, Inc v. McWane, Inc., ___F.3d___, Case No. 10-15639 (11th Cir. Mar. 6, 2012).

District Court:

Applying Clean Water Act ‘Citizen Enforcer’ Provision, District Court Rejects Manufacturer’s Motion to Dismiss, Grants Environmental Group’s Motion to Compel Discovery179

California Sportfishing Protection Alliance v. Callaway, ___F.Supp.2d___, Case No. S-10-1801 GEB GGH PS (E.D. Cal. Mar. 20, 2012).

District Court Finds Action Filed Prior to Initiation of CERCLA Cleanup Barred as Interfering with Subsequent Cleanup Action181

El Paso Natural Gas Co. v. U.S., ___F.Supp.2d___, Case No. 07-905 (D. D.C. Mar. 19, 2012).

District Court Holds EPA Lacked the Authority to Revoke an Army Corps Authorized Clean Water Act Section 404 Permit183

Mingo Logan Coal Company v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 10-0541(D. D.C. Mar. 23, 2012).