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


U.S Army Corps of Engineers Revisits Levee Vegetation Removal


EPA Releases Tier 3 Regulations Establishing Stricter Emissions Standards for Cars and Trucks152

EPA’s Environmental Appeals Board Rejects Challenge to Clean Air Act Greenhouse Gas BACT Determinations153


Recent Investigations, Settlements, Penalties and Sanctions157


Circuit Court of Appeals:

Second Circuit Finds that Subcontractor Cannot Sue Property Owner under CERCLA for Cleanup Costs160

Price Trucking Corp. v. Norampac Industries, Inc., ___F.3d___, Case No. 11-2917-cv (2nd Cir. Mar. 18, 2014).

District Court:

District Court Defines ‘Imminent and Substantial Endangerment’ in RCRA Contamination Case Involving PCE at Dry Cleaning Site161

H & H Holding, L.P. v. Lee, ___F.Supp.2d___, Case No. 12-5433 (E.D. Pa. Mar. 6, 2014).

District Court Finds that Kentucky Distillery Is Subject to State Law Air Quality Claims Despite Being in Compliance with the Federal Clean Air


Merrick v. Diageo Americas Supply, Inc., ___F.Supp.2d___, Case No. 3:12- CV-334-CRS (W.D. Ky. Mar. 19, 2014).

District Court Holds that Property Owners Cannot Recover for Diminution of Property Value or the ‘Stigma’ of Being Located Near a Contaminated


Mitchell Mccormick, et al., v. Halliburton Company and Halliburton Energy Services, Inc., ___F.Supp.2d___, Case No. Civ-11-1272-M (W.D. Okl. Mar. 31, 2014).

District Court Adopts Majority Rule that Failure to Obtain a Clean Air Act PSD Permit Is a One-Time Violation166

Sierra Club v. Oklahoma Gas and Electric Company, ___F.Supp.2d___, Case No. 13-CV-356-JHP (E.D. Okl. Mar. 4, 2014)

District Court Grants Partial Summary Judgment to the United States in Clean Air Act Case Alleging Improper Upgrade of Coal-Fired Power Plants168

U.S. v. Duke Energy Corporation, ___F.Supp.2d___, Case No. 1:00-CV-1262 (M.D. N.C. Mar. 17, 2014).

Court of Federal Claims:

Claims Court Rules that Denial of a Clean Water Act Section 4 Permit Constitutes a Categorical ‘Taking’ under the Lucas and Penn Central Deci-


Lost Tree Village Corporation v. U.S., ___F.Supp.2d___, Case No. 08-117l (Fed.Cl. Mar. 14, 2014).


Supreme Court of Wyoming Reverses and Remands Decision Refusing to Require Disclosure of ‘Fracking’ Chemicals172

Powder River Basin Resource Council v. Wyoming Oil and Gas Conservation Commission, 320 P.3d 222 (Wy. Mar. 12, 2014).