Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Environmental, Energy and Climate Change Law & Regulation Reporter


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


Recent Investigations, Settlements, Penalties and Sanctions35


Former Owners of Superfund Site Seek Supreme Court Clarification of CERCLA’s Cost Recovery Rules39


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-


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).


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).