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Environmental, Energy and Climate Change Law & Regulation Reporter


EPA Issues Aggressive New Rule Calling for a 30 Percent Reduction in Carbon Emissions from Existing Power Plants by the Year 2030207

California Air Resources Board Approves First Update to 2008 Climate Change Scoping Plan209


Recent Investigations, Settlements, Penalties and Sanctions212


Circuit Court of Appeals:

D.C. Circuit Holds that Scientific Uncertainty Is a Valid Justification for EPA Delaying An Update to Ambient Air Quality Standards Pursuant to the Clean Air Act216

Center for Biological Diversity v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-1238 (D.C. Cir. May 27, 2014).

Seventh Circuit Concludes that Courts May Review Completed Stages of Cleanup at a Site even if EPA Plans Additional Cleanup217

Frey v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-2142 (7th Cir. May 1, 2014).

D.C. Circuit Strikes Down EPA Directive Applying a More Stringent Clean Air Act Test Outside the Sixth Circuit219

National Environmental Development Association’s Clean Air Project v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-1035 (D.C. Cir. May 30, 2014).

Eighth Circuit Finds Insurance Policy’s Absolute Pollution Exclusion Applies to Preclude Coverage for Use of Sealant221

United Fire & Casualty Company v. Titan Contractors Service, Inc., ___F.3d___, Case No. 13-1307, (8th Cir. May 13, 2014).

D.C. Circuit Upholds EPA’s Refusal to Issue Rule Regulating Coal Mines as Stationary Sources under the Clean Air Act223

WildEarth Guardians v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-1212 (D.C. Cir. May 13, 2014).

District Court:

District Court Finds City Liable for the Actions of Others When Pollutants Are Placed into Its Municipal Sewer Systems225

KFD Enterprises, Inc. v. City of Eureka, et al., ___F.Supp.2d___, Case No. 3:08-cv-04571 (N.D. Cal. May 9, 2014).

District Court Ends Plaintiffs’ Injury Claims from Pesticide Exposure During the 1970s on Statue of Limitations Grounds227

Marquinez, et al. v. Dole Food Co., Inc., et al., ___F.Supp.2d___, Case No. 12-695-RGA (consolidated) (D. Del. May 27, 2014).

District Court Upholds CWA Citizen Suit for Polluting without a Permit Despite Previous State Agency Finding that No Permit Was Required229

Soundkeeper, Inc. et al v. A&B Auto Salvage, Inc., ___F.Supp.2d___, Case No. 3:12-CV-00841 (D. Conn. May 15, 2014).

Court of Federal Claims:

Federal Claims Court Finds that a Regulatory Taking Cannot Be Viewed as a Permanent Restriction on Land—Analogizes Damages to Loss of Use231

Bailey v. U.S., Case No. 02-10781 (Fed. Cl. May 29, 2014).


New Jersey Appellate Court Finds Manufacturers’ Duty to Warn Extends to Hazardous Substance in Future Replacement Parts233

Hughes v. A.W. Chesterton Co., Case Nos. L-5671-08, L-10779-08, L-5016-10, and L-4208-10 (N. J. Sup. Ct. App. Div. Apr. 23, 2014).