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Environmental, Energy and Climate Change Law & Regulation Reporter


D.C. Circuit Upholds EPA’s Assumption of Permitting Authority In States that Have Not Yet Begun Regulating Greenhouse Gases by Liz Rumsey, Esq. and Duke McCall, III, Esq., Bingham McCutchen, LLP239


Recent Investigations, Settlements, Penalties and Sanctions243


Circuit Court of Appeals:

Ninth Circuit Holds Clean Water Act Citizen Suits Allowed where the Government Has Not Taken Action at the Time of the Citizen Suit’s


California Sportfishing Protection Alliance v. Chico Scrap Metal Inc., ___F.3d___, Case No. 11-16959 (9th Cir. July 22, 2013).

D.C. Circuit Finds EPA Lacked Authority to Exempt Biogenic Sources of Carbon Dioxide from Clean Air Act PSD Permitting249

Center for Biological Diversity v. U.S. Environmental Protection Agency, ___F.3d___, Case Nos. 11-1101, 11-1285, 11-1328, 11-1336 (D.C. Cir. July 12, 2013).

Third Circuit Upholds EPA’s Decision to Limit Coal-Fired Electricity Generating Plant’s Sulfur Emissions to Prevent Interstate Pollution251

GenOn REMA, LLC v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-1022 (3rd Cir. July 12, 2013).

D.C. Circuit Upholds EPA’s Primary Ozone Standards—But Remands as to the Secondary Standard253

State of Mississippi v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-1200 (D.C. Cir. July 23, 2013).

Tenth Circuit Holds that a Notice of Violation for Coal-Fired Power Plant Does Not Demonstrate Noncompliance under the Clear Air Act255

WildEarth Guardians v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 11-9559 (10th Cir. July 23, 2013).

Fifth Circuit Finds Six Million Dollar Clean Water Act Penalty Imposed Did Not ‘Reasonably Approximate’ Citgo’s Economic Benefit257

U.S. (on behalf of Administrator of Environmental Protection Agency) v. Citgo Petroleum Corporation, ___F.3d___, Case No. 11-31117 (5th Cir. July 17, 2013).

Seventh Circuit Finds Claims under the Clean Air Act’s New Source Review Permit Program to Be Time Barred259

U.S. v. Midwest Generation, LLC, ___F.3d___, Case Nos.12-1026 & 12-1051(7th Cir. July 8, 2013).

State Court:

California Court of Appeal Finds that Air Board’s Approval of Low Carbon Fuel Standards Regulations Violates State’s Mini-NEPA Statute261

POET, LLC v. California Air Resources Board, ___Cal.App.4th___, Case No. F064045 (Cal.App. July, 15, 2013).

Pennsylvania High Court Orders State Public Utility Commission to Stop Reviewing Local Zoning Related to Oil and Gas Drilling in Violation of Lower Court Injunction263

Robinson Twp. v. Commonwealth of Pennsylvania, Case No. 100 MAP 2012 (Penn. filed July 25, 2013).