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Environmental, Energy and Climate Change Law & Regulation Reporter


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


Recent Investigations, Settlements, Penalties and Sanctions229


Co-Lead Federal Agencies Publish Final Programmatic EIS for Creation of Solar Energy Zones and Programmatic Environmental Guidance for Solar Energy Development233


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).


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).