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Environmental, Energy and Climate Change Law & Regulation Reporter

November 2015

November 2015


U.S Senators’ Bill Focused on Short-Lived Greenhouse Gas Emissions Reintroduced in Congress275

California Air Resources Board Releases Plan to Reduce Short-Lived Climate Pollutants277


Recent Investigations, Settlements, Penalties and Sanctions279


Supreme Court of Canada Holds Jurisdiction Was Established by Service Alone in an Action Seeking Enforcement of a Foreign Judgment285

Chevron Corporation v. Yaiguaje, 2015 SCC 42 (Canada Sept. 4, 2015).


Circuit Court of Appeals:

Ninth Circuit Vacates EPA’s Approval of a Pesticide Due to Risk to Bee Populations287

Pollinator Stewardship Council v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-72346 (9th Cir. Sept. 10, 2015).

Eighth Circuit Reverses Class Certification Finding Insufficient Injury from Oil and Gas Contamination to Support a Nuisance Claim288

Smith v. Conoco Phillips Pipe Line Co., ___F.3d___, Case No. 14-2191, (8th Cir. Sept. 15, 2015).

Seventh Circuit Rules that 1920 Indemnification Agreement Bars CERCLA Contribution Claim290

The Peoples Gas Light and Coke Company v. Beazer East, Inc., ___F.3d___, Case No. 14-3634 (7th Cir. Sept. 21, 2015).

District Court:

District Court Dismisses Industry Lawsuit Challenging Oregon’s Low Carbon Fuel Standard292

American Fuel & Petrochemical Manufacturers v. O’Keefe, ___F.Supp.3d___, Case No. 3:15-CV-00467-AA (D. Or. Sept. 23, 2015).

District Court Dismisses Lawsuit against the California Department of Water Resources on Endangered Species Act Notice Requirements293

Center for Environmental Science, Accuracy & Reliability v. Mark W. Cowin, in his Official Capacity as Director of California Department of Water Resources, ___F.Supp.3d___, Case No. 1:15-cv-00884 (E.D. Cal. Sept. 14, 2015).

District Court Holds that a Former Property Owner may not Recover under CERCLA for Remediation Cost Credit Provided to Purchaser295

Elite Operations, Inc. v. Union Pacific Railroad Co., ___F.Supp.3d___, Case No. CIV.A. H-13-3461 (S.D. Tex. Sept. 17, 2015).

District Court Addresses when a Defendant’s Discharge under Its Clean Water Act NPDES Permit Counts as ‘Occasional’ or ‘Constant’297

Sierra Club v. Louisville Gas & Electric Co., ___F.Supp.3d___, Case No. 3:14-cv-391-DJH (W.D. Ky. 2015).

District Court Addresses whether EPA Letters to State Officials Set New Burdensome Clean Water Act Testing Procedures299

Southern California Alliance of Publically Owned Treatment Works and Central Valley Clean Water Association, v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 2:14-cv-01513-MCE-DAD (E.D. Ca. Sept. 15, 2015).