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Environmental, Energy and Climate Change Law & Regulation Reporter

December 2015

December 2015


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


Recent Investigations, Settlements, Penalties and Sanctions8


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).