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Environmental, Energy and Climate Change Law & Regulation Reporter

January 2016

January 2016


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


Recent Investigations, Settlements, Penalties and Sanctions41


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


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


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


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).