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Environmental, Energy and Climate Change Law & Regulation Reporter


U.S. Supreme Court Uses Its Equitable Powers to Force Nebraska to Disgorge Gains from Its Knowing Violation of a Water Resources Compact by Denise Scofield, Esq. and Nicholas E. Morrell, Esq., Morgan Lewis 119


Recent Investigations, Settlements, Penalties and Sanctions123


Circuit Court of Appeals:

Fourth Circuit Applies Three-Part Analysis to Significant Nexus Test for Clean Water Act Jurisdiction128

Precon Development Inc v. U.S. Army Corps of Engineers, Case No. 13-2499, Unpub. (4th Cir. Mar. 10, 2015).

District Court:

District Court Refuses to Dismiss Endangered Species Act Claim Challenging Export-Import Bank’s Financing of Natural Gas Projects in


Center for Biological Diversity, et al. v. Export-Import Bank of the United States, ___F.Supp.3d___, Case No. C 12-6325 SBA (N.D. Cal. Feb. 20, 2015).

District Court Requires Itemization of Defense Costs Sought from Insurer in Environmental Claims Suit in Oregon131

Century Indemnity Company v. The Marine Group, LLC, ___F.Supp.3d___, Case No. 3:08-cv-1375-AC (D. Or. 2015).

District Court Finds Gasoline Manufacturers Are Not Responsible Parties for Release of MTBE in CERCLA Litigation133

City of Merced Redevelopment Agency v. Exxon Mobil Corp et al., ___F.Supp.3d___, Case No. 1:08-cv-714-LJO-GSA (E.D. Cal 2015).

District Court Finds in Favor of Natural Gas Operator in Aggregation Citizen Suit under the Clean Air Act135

Citizens for Pennsylvania’s Future v. Ultra Resources, Inc., ___F.Supp.3d___, Case No. 4:11-1360 (M.D. Penn. 2015).

District Court Finds Environmental Group Has Standing to Sue Gas Company under the Clean Water Act and RCRA for Century-Old Hazardous Waste Contamination137

San Francisco Herring Association v. Pacific Gas and Electric Company, ___F.Supp.3d___, Case No. 14-cv-0493-WHO (N.D. Cal. Feb. 26, 2015).

District Court Holds the Clean Air Act Does Not Authorize a Collateral Attack on a Facially

Valid State Permit139

Nucor Steel-Arkansas, et al. v. Big River Steel, LLC, ___F.Supp.3d___, Case No.: 3:14cv00193 JLH (E.D. Ark. Feb. 25, 2015).

District Court Finds Plaintiff’s RCRA Claim Does Not Merit Injunctive Relief141

Phoenix Beverages, Inc. et al. v. Exxon Mobile Corporation et al., ___F.Supp.3d___, Case No. 12-cv-3771 (E.D. N.Y. Feb. 11, 2015).