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Environmental, Energy and Climate Change Law & Regulation Reporter




An Aggressive Exit Strategy—Obama Administration Proposes Regulations for Existing Oil and Gas Sources159

Attorneys General Investigate Exxon Mobil on Climate Change—What Did They Know and When Did They Know It?161


Recent Investigations, Settlements, Penalties and Sanctions163


Circuit Court of Appeals:

Tenth Circuit Allows Sierra Club to Intervene in Reverse Freedom of Information Act Lawsuit Seeking to Prevent EPA from Disclosing Clean Air Act Related Documents166

Entergy Gulf States Louisiana LLC v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 15-30397 (10th Cir. Mar. 17, 2016).

D.C. Circuit Finds Plaintiffs Lacked Standing to Pursue ESA, Clean Water Act and NEPA Claims168

National Wildlife Federation v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 14-1701 (D.C. Cir. Mar. 14, 2016).

Ninth Circuit Rejects Challenges to EPA’s ‘Phase 2’ Rule Approving Arizona Clean Air Act State Implementation Plan170

Phoenix Cement Company v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-73383, (9th Cir. Mar. 31, 2016).

Tenth Circuit Finds Sierra Club’s Claim that Defendant Modified a Boiler without First Obtaining a Clean Air Act Permit Was Time Barred172

Sierra Club v. Oklahoma Gas and Electric Company, ___F.3d___, Case No. 14-7065 (10th Cir. Feb. 8, 2016).

District Court:

District Court Holds State Water Quality Standard Enacted Pursuant to the Federal Clean Water Act Is Enforceable in Citizen Suits174

Harpeth River Watershed Association v. City of Franklin, Tennessee, ___F.Supp.3d___, Case No. 3:14-1743 (M.D. Tenn. Mar. 3, 2016).

District Court Certifies Class Action in Securities Litigation Alleging False Statements about Environmental Compliance176

In re Barrick Gold Securities Litigation, ___F.Supp.3d___, Case No. 13-cv-3851 (S.D. N.Y. Mar. 23, 2016).

District Court Grants Interlocutory Appeal of Decision Finding Insurer Has No Duty to Defend against Environmental Claims177

The Jorgensen Forge Corp. v. Illinois Union Insurance Co., ___F.Supp.3d___, Case No. 13-1458 (W.D. Wa. Mar. 15, 2016).