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Environmental, Energy and Climate Change Law & Regulation Reporter


U.S. Environmental Protection Agency Rejects a Portion of Florida’s Ozone Implementation Plan3


Recent Investigations, Settlements, Penalties and Sanctions5


U.S. Supreme Court Grants Certiorari to Review U.S. Environmental Protection Agency’s Authority under the Federal Clean Air Act to Regulate Emissions of Greenhouse Gases from Stationary Sources9


Circuit Court of Appeals:

Second Circuit Reinstates CERCLA Claims Amid Confusion over the Statute of Limitations10

New York v. Next Millennium Realty, LLC, ___F.3d___, Case No. 12-2894 (2nd Cir. Oct. 15, 2013).

Seventh Circuit Finds Municipal Tax to Create a Stormwater Management Utility Cannot Be Assessed against Tribes and Tribal Lands12

Oneida Tribe of Indians of Wisconsin v. Village of Hobart, Wisconsin, ___F.3d___, Case No. 12-3419 (7th Cir. Oct. 18, 2013).

Environmental Groups Lose Bid in Tenth Circuit to Halt Construction of a Portion of the Keystone Xl Pipeline14

Sierra Club, Inc. v. Bostick, ___F.3d___, Case No. 12-6201 (10th Cir. Oct. 9, 2013).

Ninth Circuit Holds Plaintiffs Failed to Demonstrate Causal Link Between Injury and Agency’s

Failure to Set GHG Emissions Standards for Oil Refineries15

Washington Environmental Council v. Bellon, ___F.3d___, Case Nos. 12-25323, 12-35324, 12-35358 (9th Cir. Oct. 17, 2013).

District Court:

District Court Finds Manure Washed into Navigable Water by Rainfall Is ‘Agricultural Stormwater Discharge’ Exempt from Clean Water Act Permitting Requirements17

Alt v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 2:12-CV-42 (N.D. W.Va. Oct. 23, 2013).

District Court Finds that EPA Must Review Its RCRA Solid Waste Rules Regarding Coal Ash Every Three Years19

Appalachian Voices v. McCarthy, ___F.Supp.2d___, Case Nos. 12-0585 (RBW), 12-0629 (RBW) (D. D.C. Oct. 29, 2013).

District Court Finds Plaintiff’s ‘Prevailing Party’ Claims, under the Clean Water Act, Flawed Based on a Balance of Equities20

California Sportfishing Protection Alliance v. Matheson Tri-Gas, Inc., ___F.Supp.2d___, Case No. 2:11-cv-01456-MCE-KJN (E.D. Cal. Oct. 11, 2013).

District Court Reverses Its Previous Ruling, Holds the Clean Air Act Does Not Preempt Plaintiff’s State Common Law Claims22

Cerny v. Marathon Oil Corporation, ___F.Supp.2d___, Case No. SA-13-CA-562-XR (W.D. Tex. Oct. 7, 2013).

District Court Finds that Minimal Costs Incurred Prior to Commencement of Action Are Sufficient to Allow CERCLA Case to Proceed to Trial24

U.S. Virgin Islands Department of Planning and Natural Resources v. St. Croix Renaissance Group, LLP, ___F.Supp.2d___, Case No. 07-114 (D. V.I. Oct. 16, 2013).