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Environmental, Energy and Climate Change Law & Regulation Reporter


U.S. House of Representatives Passes Bill to Restrict Federal Clean Water Act Rulemaking299

California Governor Signs Assembly Bill 52 Creating New Native American Consultation Process under the California Environmental Quality



Recent Investigations, Settlements, Penalties and Sanctions302


Circuit Court of Appeals:

Ninth Circuit Reverses District Court, Finding that Discharges of Coal into Resurrection Bay, Alaska Violated the Clean Water Act307

Alaska Community Action on Toxics v. Aurora Energy Services, LLC, ___F.3d___, Case No. 13-35709 (9th Cir. Sept. 3, 2014).

Ninth Circuit Holds California Lacks the Authority to Impose State Environmental Standards on Federal Department of Energy Cleanup Activi-


Boeing Company v. Maziar Movassaghi, Acting Director of the California Department of Toxic Substances Control, ___F.3d___, Case No. 11-55903 (9th Cir. Sept. 19, 2014).

Seventh Circuit Holds Filing Deadline and Venue Requirements for Challenging Clean Air Act Regulations Are Not ‘Jurisdictional’311

Clean Water Action Council of Northeastern Wisconsin, Inc., v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-3388 (7th Cir. Aug. 29, 2014).

Sixth Circuit Holds Insurance Broker Had No Duty to Advise Client to Obtain Pollution Liability Insurance before Oil Spill312

Hardy Oil Company, Inc. v. Nationwide Agribusiness Insurance Co., ___F.3d___, Case Nos. 13-6373, 13-6445 (6th Cir. Sep. 22, 2014).

Seventh Circuit Allows Potentially Responsible Party to Proceed under CERCLA Section 107 because of Dual Role314

NCR Corporation v. George A. Whiting Paper Company, ___F.3d___, Case Nos. 13-2447, 13-2522, 13-2568, 13-2570, 13-2572, 13-2572, 13-2605, 13-2606, 13-2607, 13-2631, 13-2645, & 13-2866 (7th Cir. Sept. 25, 2014).

Ninth Circuit Finds CERCLA Authorizes the United States to Negotiate Settlements Based on a Settling Party’s Ability to Pay as Opposed to Its Comparative Fault316

U.S. v. the Coeur D’Alenes Company, ___F.3d___, Case No. 12-36065 (9th Cir. Sept. 16, 2014).

District Court:

District Court Holds that Cleanup Mismanagement by the California Department of Toxic Substances Control May Expose It to CERCLA Liability318

California Department of Toxic Substances Control v. Jim Dobbas, Inc., et al., ___F.Supp.2d___, Case No. 2:14-595 WBS EFB (E.D. Cal. Sept. 16, 2014).

District Court Allows CERCLA Case to Proceed Despite Limited Indemnity Agreement between Parties to the Suit320

Greyhound Lines, Inc. v. Viad Corporation, et al., ___F.Supp.2d___, Case No. 2:13-cv-2305-HRH (D. Az. Aug. 26, 2014).

District Court Finds Water District Is Barred from Bringing Suit against Oil Companies for Groundwater Contamination due to Prior Presecution322

In Re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation., ___F.Supp.2d___, Case No. 04 Civ. 4968 (S.D. N.Y. Sept. 16, 2014).

District Court Declines to Dismiss Suit Seeking Jobs Review for Regulatory Actions under the Clean Air Act324

Murray Energy Corporation, et al. v. McCarthy, ___F.Supp.2d___, Case No. 5:14-cv-00039-JPB (N.D. W.Va. Sept. 16, 2014).