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Environmental, Energy and Climate Change Law & Regulation Reporter


U.S. Senators Introduce Bill to Streamline Permitting Process to Construct Surface Water Storage Projects on Federal Lands239

California Air Quality Agency Releases Report on the Ability of Market Participants to Strategically Impact Cap-and-Trade Pricing239


Recent Investigations, Settlements, Penalties and Sanctions242


U.S. Supreme Court:

U.S. Supreme Court Denies EPA Authority to Regulate Stationary Sources under the CAA Based on GHG Emissions, but Affirms the Authority to Regulate from Sources Already Subject to Regulation246

Utility Air Regulatory Group v. U.S. Environmental Protection Agency, ___U.S.___, Case No. 12-1146 (Jun. 23, 2014).

Circuit Court of Appeals:

Fifth Circuit Finds Property Owner Lacks Subject Matter Jurisdiction to Review U.S. Army Corps of Engineers’ Jurisdictional Determination248

Belle Co., L.L.C. v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 13-30262 (5th Cir. Jul. 30, 2014)

D.C. Circuit Denies Review of EPA Action Adding a Former Manufacturing Plant to the National Priorities List for Hazardous Material Contamina-


CTS Corporation v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 3056493 (D.C. Cir. July 8, 2014).

Sixth Circuit Declares Remedies under Sections 107(a) and 113(f) of CERCLA Are Mutually Exclusive—Upholds Dismissal of Cost Recovery, Contribution, and Common Law Claims253

Hobart Corp. v. Waste Management of Ohio, Inc., ___F.3d___, Case Nos.: 3:10-cv-00195; 3:12-cv-00213 (6th Cir. July 14, 2014).

Fifth Circuit Finds Agency-Issued Notices of CAA Violation Do Not Represent Final Agency Action for Judicial Subject Matter Jurisdiction255

Luminant Generation Company, LLC. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 3037692 (5th Cir. July 3, 2014).

Eighth Circuit Reverses Decision Denying Power Plant Operator Rights of Intervention in Clean Air Act Case257

National Parks Conservation Association, et al v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-2613 (8th Cir. Jul. 23, 2014).

Fourth Circuit Denies Protection of Permit Shield Defense in the Absence of Strict Compliance with CWA Permit Disclosure Requirements259

Southern Appalachian Mountain Stewards v. A&G Coal Corporation, ___F.3d___, Case No. 13-2050 (4th Cir. July 11, 2014).

District Court:

D.C. District Court Denies Standing to Plaintiffs Alleging Economic Injury Due to Clean Water Act Regulation261

Permapost Products, Inc. v. John M. McHugh, Secretary of the U.S. Army, ___F.Supp.2d___, Case No. 3056506 (D. D.C. July 7, 2014).