PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions257
REGULATORY DEVELOPMENTS
Several States Request Waivers from EPA for Renewable Fuel Standard Volume Requirements261
EPA and National Highway Traffic Safety Administration Finalize Fuel Economy and Greenhouse Gas Emissions Final Rule for Light-Duty
Vehicles262
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
D.C. Circuit Strikes Down EPA ‘Transport’ Rule Regulating State-to-State Emissions264
EME Homer City Generation, L.P. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 11-1302 (D.C. Cir. Aug. 21, 2012).
D.C. Circuit Finds Trade Associations Do Not Have Standing to Challenge EPA’s Renewable Fuel Standard Decision266
Grocery Manufacturers Association v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 10-1380 (D.C. Cir. Aug. 17, 2012).
Combining Proximate Air Emission Sources to Make a Single Major Source: The Sixth Circuit Addresses How Far Is Too Far?268
Summit Petroleum Corp. v. U.S. Environmental Protection Agency, ___F.3d___, Case Nos. 09-4348, 10-4572 (6th Cir. Aug. 7, 2012).
Seventh Circuit Finds Contamination Site Harm Not Divisible with Only Weak Correlation to the Amount of PCBs Discharged271
U.S. v. NCR Corporation, ___F.3d___, Case No. 12-2069 (7th Cir. 2012).
Tenth Circuit Upholds EPA’s Final Rule Requiring State of Utah to Revise its Clean Air Act State Implementation Plan273
US Magnesium, LLC v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 11-9533 (10th Cir. Aug. 6, 2012).
Tenth Circuit Upholds Award of Civil Penalties and Attorney’s Fees in Clean Air Act Citizen Suit Despite It Being Based on Retroactivity Issue276
WildEarth Guardians v. Public Service Company of Colorado, ___F.3d___, Case No. 11-1400 (10th Cir. Aug. 10, 2012).
District Court:
District Court Rejects Mining Exploration Plans over Groundwater Concerns278
Idaho Conservation League, et al. v. U.S. Forest Service, et al.,___F.Supp.2d___, Case No. 1:11-CV-00341-EJL (D. Id. Aug. 29, 2012).
District Court Holds Political Question Doctrine Not Implicated where Claims Clash with State Law Derived from Federal Regulator’s Rules280
In Re Motor Fuel Temperature Sales Practices Litigation, ___F.Supp.2d___, Case No. 2:07-md-01840 (D. Kan. Aug. 8, 2012).
District Court Finds Assumption of Environmental Liability Under Plain Language of Asset Purchase Agreement282
Lockheed Martin Corporation v. Goodyear Tire & Rubber Company, ___F.Supp.2d___, Case No. 5:10 CV 673 (N.D. Ohio Aug. 15, 2012).
