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Environmental, Energy and Climate Change Law & Regulation Reporter


U.S. Fish and Wildlife Service Issues Eagle Conservation Guidance for Wind Energy Projects179


Recent Investigations, Settlements, Penalties and Sanctions181


Circuit Court of Appeals:

Fourth Circuit Holds that CERCLA Apportionment Cannot Result in a Zero Share of Liability185

Ashley II of Charleston LLC v. PCS Nitrogen Incorporated, ___F.3d___, Case No. 11-1662 (4th Cir. Apr. 4, 2013).

Ninth Circuit Finds the District Court Abused Its Discretion by Entering a Consent Decree that Permanently Amended Agency Rule Otherwise Subject to Statutory Rulemaking Procedure187

Conservation Northwest, JCC v. Sherman, ___F.3d___, Case No. 11–35729 (9th Cir. Apr. 25, 2013).

Ninth Circuit Finds Plaintiff’s Action Seeking to Subject Utility Poles to NPDES Requirements as Clean Water Act Point Sources Fails189

Ecological Rights Foundation v. Pacific Gas and Electric, Pacific Bell Telephone, ___F.3d___, Case No. 11-16042 (9th Cir. Apr. 3, 2013).

D.C. Circuit Finds Energy Industry Association Lacked Standing to Intervene in Clean Water Act Suit against EPA191

Defenders of Wildlife, et al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-5122 (D.C. Cir. Apr. 23, 2013).

Sixth Circuit Bankruptcy Appellate Panel Finds Lower Court Applied Incorrect Standard to Claims for Water Discharge from Mining Operation193

In re Appalachian Fuels, LLC, Case No. 12-8026, (B.A.P. 6th Cir. Apr. 19, 2013).

D.C. Circuit Holds EPA May Revoke U.S. Army Corps’ Granted Clean Water Act §404(a) Disposal Permits195

Mingo Logan Coal Company v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-5150 (D.C. Cir. Apr. 23, 2013).

Fourth Circuit Finds the Corps’ Failure to Implement Commitments Made Was ‘Not Final Agency Action’ Subject to Judicial Review197

Village of Bald Head Island v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 11-2366 (4th Cir. Apr. 15, 2013).

District Court:

District Court Dismisses Endangered Species Act Challenge to 382 Registered Pesticides199

Center for Biological Diversity v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 11-cv-00293-JCS (N.D. Cal. Apr. 22, 2013).

District Court Reduces Multi-million Dollar RCRA Penalties and Seeks to Impose Community Service Obligation with the Broadest Possible Impact202

U.S. v. Southern Union Company, ___F.Supp.2d___, Case No. 07-134 S (D. R.I. Apr. 25, 2013).