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Environmental, Energy and Climate Change Law & Regulation Reporter


Southern California Well which Leaked Natural Gas Contributing to Release of Major Amounts of Greenhouse Gas Has Been Capped—but Fallout



Recent Investigations, Settlements, Penalties and Sanctions101


BLM Issues Proposed Rule on Methane Emissions in Oil and Gas Oper-



Supreme Court:

The Clean Power Plan: Up in (Coal-Fired Power Plant) Smoke? U.S. Supreme Court Stays Plan105

West Virginia v. U.S. Environmental Protection Agency, Case No. 15A773 (U.S. Feb. 9, 2016).

Circuit Court of Appeals:

Sixth Circuit Finds Clean Water Act Does Not Permit Suits against Regulators for Violating the Act’s Procedural Requirements107

Askins v. Ohio Department of Agriculture, ___F.3d___, Case No. 15-3417 (6th Cir. Jan. 6, 2016).

Ninth Circuit Holds that the Center for Biological Diversity Has Standing to Pursue a RCRA Action Based on the Forest Service’s Failure to Regulate Lead Ammunition109

Center for Biological Diversity, et al. v. U.S. Forest Service, ___F.3d___, Case No. 13-16684 (9th Cir. 2015).

Third Circuit Holds that Agency Action Requires Dismissal of Clean Air Act Citizen Suit for Failure to State a Claim110

Group Against Smog and Pollution, Inc. v. Shenango Inc., ___F.3d___, Case No. 15-2041 (3rd Cir. Jan. 6, 2015).

Eighth Circuit Denies Challenge to EPA Clean Air Act Final Rule that Approved Revisions to the Minnesota SIP Addressing Haze112

National Parks Conservation Association v. Gina McCarthy, ___F.3d___, Case Nos. 12-2910, 12-3481 (8th Cir. Jan. 21, 2016).

Fifth Circuit Reverses Remand of Pipeline Contamination Class Action, Holding Defendant Met Class Action Fairness Act’s Jurisdictional Threshold114

Robertson v. ExxonMobil, ___F.3d___, Case No. 15-30920 (5th Cir. Dec. 31, 2015).

Second Circuit Finds Criminal Judgment under the Clean Air Act and RCRA Required Defendant to Fund Studies to Evaluate Health Effects of Its Own Conduct116

U.S. v. Tonawanda Coke Corp., ___F.3d___, Case No. 14-1091-cr (2nd Cir. Jan. 11, 2016).

District Court:

District Court Limits Damages San Diego May Recover in Groundwater Contamination Case118

California v. Kinder Morgan Energy Partners, L.P., ___F.Supp.3d___, Case No. 07-cv-1883 (S.D. Cal. Feb. 2, 2016).

District Court Finds No Additional ‘Modification’ Requirement for Clean Air Act Violation from Unpermitted Modifications to Power Pl-


U.S. v. Ameren Missouri, ___F.Supp.3d___, Case No. 4:11 CV 77 RWS (E.D. Mo. Jan. 21, 2016).

District Court Denies PRP’s Request for Interlocutory Appeal of Decision Rejecting CERCLA Divisibility Defense121

U.S. v. NCR Corp., ___F.Supp.3d___, Case No. 10-C-910 (E.D. Wis. Jan. 25, 2016).