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Environmental, Energy and Climate Change Law & Regulation Reporter


U.S. Inspector General’s Report Criticizes EPA’s Oil and Natural Gas Air Emissions Data Collection119

California Air Resources Board Conducts Second Auction of Carbon Credits as Part of Its Cap-and-Trade Program121


Recent Investigations, Settlements, Penalties and Sanctions122


Circuit Court of Appeals:

Fourth Circuit Finds CERCLA Divisibility Analysis Improper where Joint and Several Liability Did Not Apply to Claim126

AVX Corp. v. U.S., ___F.3d___, Case No. 11-1697 (4th Cir. Feb. 7, 2013).

Seventh Circuit Holds DOJ Attorneys’ Work in CERCLA Litigation Subject to Work Product Privilege Protection even if Clients Are Different and Adverse, Federal Agencies127

Menasha Corporation v. U.S. Department of Justice, ___F.3d___, Case No. 12-1720 (7th Cir. Feb. 20, 2013).

Eleventh Circuit Finds Producer of Recovered Material Not Liable under RCRA Even though the Material Was Not Ultimately Recycled129

Premier Associates, Inc. v. EXL Polymers, Inc., ___F.3d___, Case No. 12-10325 (11th Cir. Feb. 5, 2013).

District Court:

District Court Dismisses Case of Alleged Exposure of Human Study Participants to Particulate Matter Air Pollution131

American Tradition Institute Environmental Law Center v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 1:12-cv-1066 (E.D. Va. Jan. 31, 2013).

District Court Finds No CERCLA Arranger Liability for Sale of Used Transformers because They Were Useful and Valuable132

Carolina Power & Light Company v. Alcan Aluminum Corporation, et al., ___F.Supp.2d___, Case No. 5:08-CV-463-FL (E.D. N.C. Feb. 1, 2013).

District Court Finds Plaintiffs’ Settlement with EPA Limited them to CERCLA Section 113(f) Contribution Claims that Had Already Expired134

Hobart Corporation v. Waste Management of Ohio, Inc., ___F.Supp.2d___, Case Nos. 3:10-cv-195, 3:12-cv-213 (S.D. Ohio Feb. 8, 2013).

District Court Dismisses Plaintiff’s Clean Water Act and RCRA Citizen Suits for Notice Failures136

Kathleen Chute v. Montgomery County Shooting Complex, ___F.Supp.2d___, Case No. 3:12-cv-0776 (M.D. Tenn. Feb. 25, 2013).

District Court Holds Sierra Club’s Citizen Suit Alleging Defendants’ Opacity Limit Violations Survives Motion to Dismiss138

Sierra Club v. Energy Future Holdings Corporation, ___F.Supp.2d___, Case No. W-12-CV-108 (W.D. Tex. Feb. 6, 2013).

District Court Clarifies Scope of Injunctive Relief

for Collective Bargaining Agreements which Remove Barriers to Compliance with the CWA140

U.S. v. City of Detroit, ___F.Supp.2d___, Case No. 77-71100 (E.D. Mich. 2013).


Texas Supreme Court Invalidates Houston Air Quality Ordinance Due to State Preemption142

Southern Crushed Concrete, LLC v. City of Houston, Case No. 11-0270 (Tx. Feb. 15, 2013).