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Environmental, Energy and Climate Change Law & Regulation Reporter

July 2015

July 2015


Oklahoma Governor Signs into Law Bill Outlawing Municipal Fracking Bans in the State179


Recent Investigations, Settlements, Penalties and Sanctions181


Circuit Court of Appeals:

Ninth Circuit Holds Challenge to State Regulation Which Is Not Yet Part of Clean Air Act SIP is Subject to Court of Appeals’ Exclusive


California Dump Truck Owners Association v. Nichols, ___F.3d___, Case No. 13-15175) 2015 (9th Cir. Apr. 27, 2015).

Ninth Circuit Invalidates Portions of California’s Clean Air Act State Implementation Plan188

Community for a Better Arvin v. U.S. Environmental Protection Agency, ___F.3d___, Case Nos. 11-73924, 12-71332 (9th Cir. May 20, 2015).

D.C. Circuit Vacates Portions of EPA Rule Exempting Backup Generators From Clean Air Act Emission Standards189

Delaware Department of Natural Resources and Environmental Control v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-1093 (D.C. Cir. May 1, 2015).

D.C. Circuit Affirms Dismissal of Clean Water Act Case for Lack of Standing as Curable Defect Exception Did Not Apply191

National Association of Home Builders, et al. v. U.S. Environmental Protection Agency, et al., ___F.3d___, Case No. 13-5290 (D.C. Cir. May 15, 2015).

Ninth Circuit Reverses Summary Judgment Against San Diego and Reinstates the City’s Trespass and Health and Safety Code Claims against Polluter of Groundwater193

People of the State of California and The City of San Diego v. Kinder Morgan Energy Partners, LP; et al., ___F.3d___, Case No: 13-55297 (9th Cir. May 21, 2015).

Federal Circuit Finds Claims Court Lacked Jurisdiction over Regulatory Takings Action Stemming from an Army Corps Denial of a CWA Permit195

Resource Investments, Inc. v. U.S., ___F.3d___, Case No. 2014-5069 (Fed. Cir. May 12, 2015).

District Court:

District Court Allows Unjust Enrichment Claim to Proceed Against Companies Seeking Recovery for Remediation Costs from State Fund after Insurance Funds Received197

In re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.Supp.3d___, Case No. 1:00-01898 (S.D. NY May 14, 2015).

District Court Holds that CWA Section 1311(a) Forbids the Introduction of a Pollutant into Water—Not the Continuing Presence of a Pollutant in


Friends of Warm Mineral Springs, Inc. v. Gina McCarthy, ___F.Supp.3d___, Case No. 8:13-cv-3236-T-23TGW (M.D. Fl. May 8, 2015).

District Court Holds that Valley Fills May Constitute ‘Point Sources’ under the Clean Water Act200

Ohio Valley Environmental Coalition Inc. v. Pacahontas Land Corp., ___F.Supp.3d___, Case No. 3:14-11333 (S.D. W.V. May 7, 2015).

District Court Finds Fox River Contamination Response Costs under CERCLA Are Divisible203

U.S. v. NCR Corp., ___F.Supp.3d___, Case No. 10-C-910 (E.D. Wis. May 15, 2015).


New York Supreme Court’s Appellate Division Finds State’s Clean Water Act MS4 General Permit Process Passes Scrutiny205

Natural Resources Defense Council v. New York State Department of Environmental Conservation, ___N.E. 3d___, Slip Op. Case No. 03766 (N.Y. Sup. Ct. App. Div. May 5, 2015).