ENVIRONMENTAL NEWS
Five States File Petition in D.C. Circuit Seeking Judicial Review of the U.S. Environmental Protection Agency’s New Ozone Rule3
Oregon Department of Environmental Quality Proposes Water Quality Trading Rules5
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions8
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
D.C. Circuit Upholds EPA’s Withdrawal of a Proposed Rule to Obtain Information about Concentrated Animal Feeding Operations14
Environmental Integrity Project, Food & Water Watch, et al. v. Gina McCarthy, Administrator, U.S. Environmental Protection Agency, et al., ___F.3d___, Case No. 13-1306 (RDM) (D.C. Cir. Sept. 29, 2015).
Sixth Circuit Issues Nationwide Stay of the Clean Water Act’s ‘Waters of the United States’ Rule16
In re: U.S. Environmental Protection Agency and Department of Defense Final Rule; ‘Clean Water Rule: Definition of Waters of the United States,’ ___F.3d___, Case No. 15-3799 (6th Cir. Oct. 9, 2015).
Sixth Circuit Rejects Coal Industry Bid to Block Switch to Natural Gas at Tennessee Valley Authority Power Plant18
Kentucky Coal Association Inc. v. Tennessee Valley Authority, ___F.3d___, Case No. 15-5163 (6th Cir. Oct. 23, 2015).
Fifth Circuit Bars Claims against Barge Company for Mississippi River Oil Spill20
Nguyen v. American Commercial Lines, LLC., ___F.3d___, Case No. 2:11-CV-1799 (Oct. 8, 2015).
Second Circuit Affirms Insurance Policy Sublimit on Coverage for Gas Leak Finding the Policy Unambiguously Limited Liability22
Two Farms Inc. v. Greenwich Insurance Co., ___F.3d___, Case No. 14-318-cv (2nd Cir. Oct. 16, 2015).
District Court:
District Court Invalidates Local Ordinance Prohibiting the Disposal of Waste From Natural Gas Development23
Pennsylvania General Energy Company, LLC v. Grant Township, ___F.Supp.3d___, Case No. 14-00209 ERIE (W.D. Pa. Oct. 14, 2015).
District Court Finds EPA’s Position to Not Review Pennsylvania’s Anti-Degradation Statute Is Subject to an Auer Deference25
Pine Creek Valley Watershed Assoc., et al. v. U.S. Environmental Protection Agency, et al., ___F.Supp.3d___, Case No. 14-1478 (E.D. Penn. Sept. 28, 2015).
District Court Holds Inherently Dangerous Nature of a Product, when Unknown at the Time, Does Not Alone Establish a Design Defect27
Town of Lexington v. Pharmacia Corp., ___F.Supp.3d___, Case No. 12-11645 (D. Mass. Sept. 23, 2015).
District Court Rejects Divisibility Cap On CERCLA Superfund Liability29
U.S. v. NCR Corporation, ___F.Supp.3d___, Case No. 10-C-910 (E.D. Wis. Oct. 19, 2015).
