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Environmental, Energy and Climate Change Law & Regulation Reporter


California Air Resources Board Releases New Truck and Bus Regula-



Recent Investigations, Settlements, Penalties and Sanctions181


U.S. Supreme Court:

U.S. Supreme Court Upholds EPA’s Cross-State Air Pollution Rule, Deferring to the Agency’s Interpretation of the CAA Provisions Addressing Interstate Air Pollution185

U.S. Environmental Protection Agency v. EME Homer City Generation, L.P., ___U.S.___, Case 12-1182 (Apr. 29, 2014).

Circuit Court of Appeals:

D.C. Circuit Questions EPA Allegation that Judicial Review of Claims Challenging Cleanup of Uranium Sites Is Barred by EPA Assertion It Is Pursuing Removal or Remedial Action187

El Paso Natural Gas Co. v. U.S., ___F.3d___, Case No. 12-5156 consolidated with 12-5157 (D.C. Cir. May 12, 2014).

D.C. Circuit Affirms EPA’s Regulations Lowering Particulate Matter Pursuant to Clean Air Act’s National Ambient Air Quality Standards189

National Association of Manufacturers v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-1069 (D.C. Cir. May 9, 2014).

Ninth Circuit Holds that USBR Is Required to Consult with Federal Agencies before Renewing Challenged CVP Water Contracts Impacting Delta


Natural Resources Defense Council v. Jewell, ___F.3d___, Case No. 09-17661 (9th Cir. Apr. 16, 2014).

D.C. Circuit Upholds Clean Air Act Emissions Standards for Cement Plants, Strikes Affirmative Defense to Private Suits193

Natural Resources Defense Council v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 10-1231 (D.C. Cir. Apr. 18, 2014).

Federal Circuit Finds Federal Government Must Reimburse Oil Companies for Cleanup Costs Incurred Related to Production of ‘Avgas’ During World

War II194

Shell Oil Company & Atlantic Richfield Company v. U.S., ___F.3d___, Case No. 2013-5051 (Fed. Cir. Apr. 28, 2014).

District Court:

District Court Holds that EPA’s Mere Listing of Impaired Waters under the Clean Water Act Does Not Equate to Causing Plaintiffs Harm196

City of Dover v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 12-1994 (D. D.C. Apr. 14, 2014).

District Court Finds Due Process Claims Based on a Corps of Engineer’s Clean Water Act Cease and Desist Order Survive Challenge198

Duarte Nursery, Inc. v. U.S. Army Corps of Engineers, ___F.Supp.2d___, Case No. S-13-2095 (E.D. Cal. Apr. 23, 2014).

District Court Addresses the Interplay between CERCLA 107(a) and 113(f) Claims Involving Volatile Organic Compounds in Well Water200

Sandvik, Inc. v. Hampshire Partners Fund VI, L.P., ___F.Supp.2d___, Case No. 13-4667 (D. N.J Apr. 4, 2014).

District Court Applies Broad Definition of a SDWA ‘Public Water Drinking System’—Includes Systems Which Indirectly Provide Drinking Water202

U.S. v. County of Westchester, ___F.Supp.2d___, Case No. 13-cv-5475 (S.D. N.Y. Apr. 28, 2014).