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Environmental, Energy and Climate Change Law & Regulation Reporter


U.S. Supreme Court Holds that Stormwater Discharges from Logging Roads Fall Outside Permit Requirements by Meline G. MacCurdy, Esq., Marten Law, Portland, Oregon207


Recent Investigations, Settlements, Penalties and Sanctions212


Circuit Court of Appeals:

D.C. Circuit Upholds EPA’s Revised Clean Air Act Emissions Standards for Secondary Lead Smelting Facilities216

Association of Battery Recyclers v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-1129 (D.C. Cir. May 28, 2013).

Fifth Circuit Construes Insurance Policy to Include Legal Defense and Remediation Costs Associated with Alleged Violations of the Clean Air


Louisiana Generating, L.L.C. v. Illinois Union Ins. Company, ___F.3d___, Case No. 12-30651 (5th Cir. May 15, 2013).

Fourth Circuit Holds Corps’ Clean Water Act Section 404 Permit for Mining Activities Was Supported by a ‘Hard Look’ at Potential Environmental Consequences220

Ohio Valley Environmental Coalition, Inc. v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 12-1999 (4th Cir. May 15, 2013).

D.C. Circuit Dismisses Utility’s Appeal of a Remand Order for Lack of Jurisdiction Stopping Approval of Facility Expansion for Coal-Fired Energy Plant222

Sierra Club v. U.S. Department of Agriculture, ___F.3d___, Case No. 12-5095 (D.C. Cir. May 28, 2013).

District Court:

District Court Dismisses Citizen Suit Challenging EPA’s CWA National Contingency Plan Product Schedule as Time Barred223

Alaska Community Action on Toxics v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 12-1299 (D. D.C. May. 7, 2013).

District Court Finds Los Angeles Must Comply with Clean Air Act Particulate Matter Emissions

Controls for Owens Valley Water Use225

City of Los Angeles v. Great Basin Unified Air Pollution Control District, ___F.Supp.2d___, Case No. 1:12CV1683 AWI SAB (E.D. Cal. May 2, 2013).

District Court Holds EPA Has Clean Water Act Jurisdiction over Prior-Converted Croplands228

Huntress, et al v. U.S. Department of Justice, ___F.Supp.2d___, Case No. 12-CV-1146S (W.D. NY May 24, 2013).

District Court Finds that NMFS Erroneously Calculated Whale Take Estimates for Surveying Project—Grants Partial Summary Judgment in Challenge to Incidental Harassment Authorization231

Native Village of Chickaloon, et al. v. National Marine Fisheries Services et al., ___F.Sup.2d___, Case No. 3:12-cv-00102-SLG (D. Ala. May 28, 2013).

District Court Rejects Argument under CERCLA that PCB Contamination in the Little Fox River is Divisible233

U.S. v. NCR Corp., ___F.Supp.2d___, Case No. 1:10-CV-00910 (E.D. Wis. May 1, 2013)