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Environmental, Energy and Climate Change Law & Regulation Reporter

February 2016

February 2016


United States Files Complaint Against Volkswagen, Audi and Porsche for Alleged Clean Air Act Violations67

Flint Michigan Drinking Water Problem Garners National Attention69


Recent Investigations, Settlements, Penalties and Sanctions71


EPA Proposes 30 New Contaminants Public Water Systems Must



Circuit Court of Appeals:

Eleventh Circuit Finds EPA’S Decision to Defer Program Withdrawal Proceedings Was Not a ‘Determination’ Subject to Appeal75

Cahaba Riverkeeper v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-13508 (11th Cir. Nov. 30, 2015).

Eighth Circuit Addresses the Limits of Arranger Liability under the Comprehensive Environmental Response, Compensation, and Liability Act77

U.S. v. Dico, Inc., 808 F.3d 342 (8th Cir. 2015).

D.C. Circuit Finds U.S. Coast Guard Can Hold Polluting International Ships In Port Until Legal Proceedings Are Completed79

Watervale Marine Co., Ltd. v. U.S. Department of Homeland Security, 807 F.3d 325 (D.C. Cir. 2015).

D.C. Circuit Leaves Mercury Air Toxics Standards In Place While EPA Makes Required Revisions to Consider Compliance Costs81

White Stallion Energy Center, LLC v. U.S. Environmental Protection Agency., ___F.3d___, Case No. 12-1100, (D.C. Cir. Dec. 15, 2015).

District Court:

District Court Magistrate Recommends Tribe Recover Its Costs of Oversight Activities and Funding Efforts for Superfund Site as CERCLA Response Costs82

Confederated Tribes and Bands of the Yakama Nation v. U.S., ___F.Supp.3d___, Case No. 3:14-cv-01963-PK (D. Or. Dec. 18, 2015).

District Court Finds California Regional Water Board Not a ‘Necessary Party’ to a Citizen Suit Deciding Clean Water Act Enforcement85

Friends of Mariposa Creek v. Mariposa Public Utilities District, ___F.Supp.3d___, Case No. 1:15-cv-00583-EPG (E.D. Cal. Nov. 30, 2015).

District Court Rules Sierra Club’s Challenge to Mitigation Bank Lawsuit Survives Motions to


Sierra Club, Inc. v. St. Johns River Water Management District et al., ___F.Supp.3d___, Case No. 6:14-cv-1877-Orl-40DAB (M.D. Fl. 2015).

District Court Finds California Law Does Not Bar CERCLA Claims Against Trustee Based on the Trustee’s Ownership of Contaminated Property89

Trans-Global LLC, v. Lia Detomasi, ___F.Supp.3d___, Case No. 13-cv-02149-WHO (N.D. Cal. Dec. 23, 2015).

District Court Increases Clean Water Act Civil Penalty On Remand for Wastewater Spill at Louisiana Oil Refinery91

U.S. v. Citgo, ___F.Supp.3d___, Case No. 2:08-cv-00893 (W.D. La. Dec. 23, 2015).