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Environmental, Energy and Climate Change Law & Regulation Reporter


U.S. Environmental Protection Agency Issues Final Rule Strengthening Fine Particulate Matter Standard59

California Releases Draft Hydraulic Fracture Mining Regulations60


Recent Investigations, Settlements, Penalties and Sanctions62


The U.S. Supreme Court Agrees to Hear Case Concerning the Ability of the Port of Los Angeles to Continue Its Clean Truck Program66


Circuit Court of Appeals:

Seventh Circuit Upholds Protection of Consultant Reports under FOIA Exemption for Work Product68

Appleton Papers, Inc. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-2273 (7th Cir. Dec. 26, 2012).

Fourth Circuit Finds Golf Course Water Features Are Not Waters of the United States Triggering CWA Jurisdiction70

Deerfield Plantation Phase II-B Property Owners Association v. U.S. Army Corps of Engineers, ___F.3d___, Case Nos. 11-1871, 11-2253 (4th Cir. Dec. 26, 2012).

Second Circuit Finds Continuing-Coverage Provision in Insurance Policies Obligates Excess Insurer to Indemnify Insured for 21 Years of Contamination71

Olin Corp. v. American Home Assurance Co., ___F.3d___, Case No. 11-4055-CV (2nd Cir. Dec. 19, 2012).

Ninth Circuit Defers to EPA Environmental Appeals Board’s Construction of the Scope of the Clean Air Act’s Reach to the Outer Continental Shelf73

Resisting Environmental Destruction On Indigenous Lands v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-70518, (9th Cir. Dec. 26, 2012).

District Court:

District Court Holds Asarco Preserved and Timely Pursued Its CERCLA Contribution Claims74

Asarco LLC v. Atlantic Richfield Company, ___F.Supp.2d___, Case No. CV 12-53-H-DLC (D. Mont. Nov. 30, 2012).

District Court Holds Clean Water Act Conviction for Providing False Reports to Environmental Agencies Not Subject to Reconsideration77

Hagerman v. U.S., ___F.Supp.2d___, Case No. 1:10-cv-272-LJM-DKL (S.D. Ind. Dec. 20, 2012).

Exercising Personal Jurisdiction over Foreign Polluter, District Court Imposes CERCLA Liability for Canadian Plant’s Indirect Disposal of Hazardous Substances into U.S. Waters79

Pakootas v. Teck Cominco Metals, Ltd., ___F.Supp.2d___, Case No. CV-04-256-LRS (E.D. Wash. Dec. 14, 2012).

District Court Finds CERCLA Successor Liability Claims May Proceed to Trial to Determine After- Liability of Corporate Successor-in-Interest82

U.S. v. Marmon Holdings, Inc., ___F.Supp.2d___, Case Nos. 2:10-CV-00526-EJL (D. Id. Dec. 5, 2012).

District Court Holds Clean Water Act Citizen Suit Fails Due to Insufficient Evidence of Discharge . .84

Waterkeeper Alliance, Inc. v. Hudson, ___F.Supp.2d___, Case No. WMN-10-487 (D. Md. Dec. 20, 2012).