ENVIRONMENTAL NEWS
Obama Administration Rejects Keystone Pipeline Xl35
EPA Seeks Comments on Clean Water Act Regulation of Stormwater Discharges on Forest Roads36
Environmental Groups Notify EPA of Their Intent to File Suit for Violations of the Clean Water Act Relating to California’s Bay-Delta Plan38
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions41
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Fourth Circuit Grants Writ of Mandamus Precluding the Deposition of the EPA Administrator45
In re Gina McCarthy, ___F.3d___, Case No. 15-2390 (4th Cir. Dec. 9, 2015).
Sixth Circuit Holds Clean Air Act May Not Preempt State Common Law Claims46
Little, et al. v. Louisville Gas & Electric Co., et al., ___F.3d___, Case No. 14-6499 (6th Cir. Nov. 2, 2015).
D.C. Circuit Dismisses Truckers’ Appeal of California Emissions
Rule48
Owner-Operator Independent Drivers Association, Inc. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-1192 (D.C. Cir. Nov. 24, 2015).
District Court:
District Court Finds CERCLA Damages a PRP Can Recover from Other Parties Must be Reduced by the Amount of Response Costs Paid by Insurers50
Appvion, Inc. and NCR Corp. v. P.H. Glatfelter Co., ___F.Supp.3d___, Case No. 08-C-16 (E.D. Wis. Nov. 10, 2015).
District Court Dismisses Lawsuit Challenging EPA’s Failure to Regulate Ammonia Emissions under the Clean Air Act51
Environmental Integrity Project, et al. v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 15-0319 (D. D.C. Dec. 1, 2015).
District Court Finds a Generator that Disposes of its Own Waste ‘Benefitted from the Disposal’ and thereby is a CERCLA Arranger53
MEMC Pasadena, Inc., v. Goodgames Industrial Solutions, LLC, ___F.Supp.3d___, Case No. 4:13-CV-599 (S.D. Tx. 2015).
District Court Holds that Indian Tribes Cannot
Recover CERCLA Attorney’s Fees as Enforcement Costs, but May Recover Such Fees as Response
Costs55
Pakootas v. Teck Cominco Metals, Ltd., ___F.Supp.3d___, Case No. 2:04-cv-00256 (E.D. Wash. Nov. 16, 2015).
District Court Holds that Stormwater is a Pollutant Subject to Regulation under the Clean Water
Act57
Puget Soundkeeper Alliance v. Whitley Manufacturing Co., Inc., ___F.Supp.3d___, Case No. C13-1690RSL (W.D. Wash. 2015).
District Court Holds Owner of Conservation Easement Lacked Standing to Challenge Corps’ Administration of the Clean Water Act Mitigation Bank Program59
Walther v. U.S. ___F.Supp.3d___, Case No. 3:15-cv-0021-HRH (D. Ak. 2015).
