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Environmental, Energy and Climate Change Law & Regulation Reporter


Water Transfers, the Federal Clean Water Act and Agency Deference—What’s Right and What’s Wrong with the Current Process by Peter Nichols, Esq., Berg Hill Greenleaf Ruscitti, LLP, Boulder, Colorado267


Recent Investigations, Settlements, Penalties and Sanctions274


Circuit Court of Appeals:

Ninth Circuit Reverses District Court Approval of CERCLA Superfund Settlements278

Arizona v. Tucson, ___F.3d___, Case No. 12-15691 (9th Cir. Aug. 1, 2014).

Ninth Circuit Reverses Dismissal of Asarco’s CERCLA 113(f) Contribution Claim Related to Coeur d’Alene River Watershed Due to Ambiguity in an Earlier Settlement Agreement280

Asarco, LLC v. Union Pacific Railroad Company, ___F.3d___, Case No. 13-35356 (9th Cir. Aug. 27, 2014).

Ninth Circuit Finds Diesel Emissions Are Not Regulated under the Resource Conservation and Recovery Act282

Center for Community Action and Environmental Justice v. BNSF Railway Company, ___F.3d___, Case No. 12-56086 (9th Cir. Aug. 20, 2014).

Fourth Circuit Affirms Denial of NEPA Challenge to Outer Banks Bridge and Highway Project But Reverses and Remands Denial of Transportation Act Challenge284

Defenders of Wildlife. v. North Carolina Department of Transportation, ___F.3d___, Case No. 13-2215 (4th Cir. Aug. 6, 2014).

Eighth Circuit Upholds EPA Authority to Consider Downstream Uses when Evaluating State Water Quality Standards286

El Dorado Chemical Company v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-1936 (8th Cir. Aug. 15, 2014).

Ninth Circuit Finds EPA Exceeded Its Clean Air Act Authority by Granting a Permit Which Did Not Enforce Current National Ambient Air Quality Standards288

Sierra Club, et al. v. U. S. Environmental Protection Agency, ___F.3d___, Case Nos. 11-73342, 11-73356 (9th Cir. Aug. 12, 2014).

Tenth Circuit Rules that the Duty to Consult under the Federal Endangered Species Act Does Not Extend to an Agency Decision Not to Act291

WildEarth Guardians v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-9524 (10th Cir. July 23, 2014).

District Court:

District Court Affirms Associational Standing in RCRA Suit Despite Standing Witnesses’ Lack of Voting Rights293

Citizens Coal Council v. Matt Canestrale Contracting, Inc., ___F.Supp.2d___, Case No. 13-896 (W.D. Penn. Aug. 22, 2014).