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Environmental, Energy and Climate Change Law & Regulation Reporter


Report Considers Alternative Approaches to Addressing Climate Change from a National Security Stand-Point289

U.S. EPA Declines to Review Clean Air Act Permit for Hybrid Natural Gas and Solar Power Plant290


Recent Investigations, Settlements, Penalties and Sanctions292


Green Groups File Suit against California Department of Public Health Demanding Adoption of Safe Standard for Contaminant in State Drinking Water296


Circuit Court of Appeals:

D.C. Circuit Considers CERCLA Section 113(H) Bar to RCRA Claims Regarding Property/River Already Subject to EPA Action298

Anacostia Riverkeeper v. Washington Gas Light Company, ___F.3d___, Case 1:11-cv-01453-RMC (D.C. Cir. Sept. 24, 2012).

Ninth Circuit Holds Native Village’s Common Law Nuisance Claim Arising from Greenhouse Gas Emissions Is Displaced by Federal Law300

Native Village of Kivalina v. ExxonMobil Corp., ___F.3d___, Case No. 09-17490 (9th Cir. Sept. 21, 2012).

Sixth Circuit Finds Contract’s Retained Liabilities Clause Obligates Seller to Reimburse Buyer for Its RCRA Closure Costs301

Textileather Corporation v. GenCorp Inc., ___F.3d___, Case No. 10-3634 (6th Cir. Sept. 11, 2012).

District Court:

District Court Finds Downgradient Property Owner Not Liable for Cleanup Costs, where Contaminating Property Owner Cleans Up an Independent Water Contamination Source304

Alprof Realty LLC v. The Church of Jesus Christ of Latter-Day Saints, unpub. dec, Case Nos. 09-CV-5190 (E.D. N.Y. Sept. 13, 2012).

District Court Finds Plaintiffs Cannot Avoid CWA Notice Requirements by Arguing Defendant Violated the NSPS Instead of Its NPDES Permit306

Black Warrior Riverkeeper, Inc. v. Black Warrior Minerals, Inc., __F.Supp.2d___, Case No. 7:11-CV-3307-SLB (N.D. Ala. Sept. 17, 2012).

District Court Holds Tile Drainage System Not Exempt from Clean Water Act Regulation307

Pacific Coast Federation of Fishermen’s Associations v. Glaser, ___F.Supp.2d___, Case No. CIV S-11-2980-KJM-CKD (E.D. Cal. Aug. 31, 2012).

District Court Finds Any Increase in Plant’s Emissions Level Resulting from Non-Routine Improvements to Be Determined by ‘Actual-To-Potential Emissions’ Formula309

U.S. v. CEMEX, Inc., ___F.Supp.2d___, Case No. 09-cv-00019 (D. Colo. Sept. 24, 2012)

District Court Holds Courts May Not Circumvent Maximum Statutory Penalty Amounts by Characterizing Penalties as ‘Community Service’311

U.S. v. Citgo Petroleum Corp., ___F.Supp.2d___, Case No C-06-563 (S.D. Tex. Sept. 18, 2012).

District Court Finds Party Liable as an Arranger under CERCLA for the Intent to Dispose of PCBs Via a Demolition Contract312

U.S. v. Dico, Inc. and Titan Tire, ___F.Supp.2d___, Case No. 4:10-cv-00503 (S.D. Iowa Sept. 24, 2012).

District Court Finds Coal-Fired Electric Plant’s Replacement of Primary Components Does Not Qualify for Maintenance Exception to Clean Air


U.S. v. Louisiana Generating, LLC, ___F.Supp.2d___, Case No. 09-100-JJB-CN (M.D. La. Sept. 19, 2012).