FEATURE ARTICLE
A Picture Perfect? EPA’s Integrated Municipal Stormwater and Wastewater Planning Approach Framework by Erica M. Zilioli, Esq., Beveridge and Diamond, P.C., Washington, D.C225
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions229
REGULATORY DEVELOPMENTS
Co-Lead Federal Agencies Publish Final Programmatic EIS for Creation of Solar Energy Zones and Programmatic Environmental Guidance for Solar Energy Development233
RECENT FEDERAL DECISIONS
U.S. Supreme Court:
U.S. Supreme Court Finds Sixth Amendment Requires Jury to Determine Factual Basis for RCRA Criminal Penalties235
Southern Union Company v. U.S., ___U.S.___, Case No. 11-94 (June 21, 2012).
Circuit Court of Appeals:
D.C. Circuit Upholds EPA’s Promulgate of a New One-Hour National Ambient Air Quality Standard for Nitrogen Dioxide237
American Petroleum Institute et al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 10-1079, 10-1080 (D.C. Cir. July 17, 2012).
Fourth Circuit Vacates Corps’ Permit for Construction of Boat Facilities in National Wildlife Refuge Wetlands Issued on FONSI239
Friends of Back Bay v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 11-1184 (4th Cir. June 18, 2012).
D.C. Circuit Orders EPA Interim Final Rule which Allowed Noncompliance with Emissions Standards Vacated240
Mack Trucks, Inc. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-1077 (D.C. Cir. June 12, 2012).
Ninth Circuit Upholds Environmental Appeals Board Decision to Decline Review of NPDES Permit Reissuance242
Native Village of Kivalina Ira, et al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 11-70776 (9th Cir. July 14, 2012).
First Circuit Finds Duty to Defend Private Contribution Action which Alleges Property Damage Was Reasonably Discoverable244
Travelers Casualty and Surety Company v. Providence Washington Insurance Company Inc., ___F.3d___, Case No. 11-2193 (1st Cir. July 11, 2012).
Fourth Circuit Finds the National Resources Conservation Service Took a ‘Hard Look’ at the Environmental Impacts of a Proposed Dam Project246
Webster v. U.S. Department of Agriculture, ___F.3d___, Case No. 11-1739 (4th Cir. July 13, 2012).
District Court:
District Court Considers CERCLA Section 113(H) Bar to Claims Regarding Property Already Subject to EPA Action248
Phillips 66 Pipeline LLC v. Rogers Cartage Company, ___F.Supp.2d___, Case No. 11-cv-497-DRH-DGW (S.D. Ill. July 11, 2012).
RECENT STATE DECISIONS
California Supreme Court Finds Air Quality Management Districts Can Look to Future Technology in Formulating New Standards251
American Coatings Association, Inc. v. South Coast Air Quality District, ___Cal.4th___, Case No. S177823 (Cal. June 25, 2012).
