Environmental, Energy and Climate Change Law & Regulation Reporter
REGULATORY DEVELOPMENTS
EPA Establishes Stricter Reporting Rules For Greenhouse Gasses31
California’s Division of Oil, Gas and Geothermal Resources Releases New Fracking Regulations Pursuant to Senate Bill 433
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions35
LAWSUITS FILED OR PENDING
Former Owners of Superfund Site Seek Supreme Court Clarification of CERCLA’s Cost Recovery Rules39
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Eleventh Circuit Holds that Plaintiffs Cannot Evade Clean Water Act Notice Requirements41
Black Warrior Riverkeepers Inc., v. Black Warrior Minerals, Inc., ___F.3d___, Case No. 12-15409 (11th Cir. Nov. 13, 2013).
Sixth Circuit Finds Clean Water Act Does Not Impose on the Army Corps a Non-Discretionary Duty to Administer Permitting Program to Non-Applicants43
Huron Mountain Club v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 12-2217 (6th Cir. Oct. 30, 2013).
First Circuit Holds that Loan Servicer Is Not Entitled to Reimbursement of Environmental Testing Costs under a Loan’s Indemnity Language45
VFC Partners 26, LLC. v. CadleRocks Centennial Drive, LLC, ___F.3d___, Case No. 13-1128 (1st Cir. Nov. 12, 2013).
District Court:
District Court Dismisses CERCLA Claims against Groundwater Well Operator in the Absence of
an Allegation of the Disposal of Hazardous Mater-
ials48
Coppola v. Smith, ___F.Supp.2d___, Case No. 1:11-CV-1257 AWI BAM (E.D. Cal. Nov. 8, 2013).
District Court Prevents Deposition of EPA Attorneys and Discovery Regarding Canadian Military Base in CERCLA Litigation50
Emhart Industries, Inc. v. New England Container Company, Inc, et al., ___F.Supp.2d___, Case Nos. 06-218 S, 11-023 S (D. R.I. Nov. 8, 2013).
District Court Holds that 1983 Consummation Order Discharging Corporation From Bankruptcy Does Not Bar the United States’ Claims under CERCLA51
In Re Boston & Maine Corp., ___F.Supp.2d___, Case No. 70-00250-JLT (D. Mass. Nov. 19, 2013).
Bankruptcy Court Finds Police Power Exception to Automatic Stay Does Not Apply to Initiation of State Administrative Environmental Compliance Proceedings53
In Re Edison Mission Energy, Chapter 11, Case No. 12-49219 (N.D. Ill. Bk. Nov. 19, 2013).
District Court Declines to Exercise Jurisdiction over Claim Seeking to Compel Federal Agency to Withdraw Approval of State Mining Program55
Sierra Club v. Jewell, ___F.Supp.2d___, Case No. 1:12-cv-065 (D. N.D. Oct. 22, 2013).
RECENT STATE DECISIONS
West Virginia High Court Affirms $93 Million Settlement, Despite Exclusion of Many Class Members from Receipt of Any Benefits57
Allen v. Monsanto Co., Case No. 13-0418 (W.Va. Nov. 22, 2013).
