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Environmental, Energy and Climate Change Law & Regulation Reporter


Public Interest Standing under CEQA—Will We Ever Learn What ‘Urgent Considerations’ Outweigh a Petitioner’s Standing? by Jonathan E. Shardlow, Esq. and Martin P. Stratte, Esq., Gresham Savage Nolan 211


Recent Investigations, Settlements, Penalties and Sanctions216


U.S. Supreme Court:

U.S. Supreme Court Holds Jurisdictional Delineation by Army Corps under the Clean Water Act May Be Judicially Challenged220

U.S. Army Corps of Engineers v. Hawkes Co. Inc., ___U.S.___, Case No. 15-290 (May 31, 2016).

Circuit Court of Appeals:

Ninth Circuit Finds Local Controversy Exception Requirements Were Met in Dispute between Homeowners and Boeing over Groundwater Contamin-


Allen v. Boeing Co., ___F.3d___, Case No. 16-35175 (9th Cir. May 5, 2016).

Eighth Circuit Reverses Homeowner’s CERCLA Class Certification for

Lack of Commonality and Cohesiveness224

Ebert v. General Mills, Inc., ___F.3d___, Case No. 15-1735, (8th Cir. May 20, 2016).

Eighth Circuit Holds Insured Was on Notice of Insurer’s Reservation of Rights in Air Quality Dispute Despite Ambiguous Language226

National Surety Corporation v. Dustex Corporation, ___F.3d___, Case No. 15-2096 (8th Cir. Apr. 29, 2016).

Ninth Circuit Holds BLM Was Not Required to Obtain a Permit for Wind Project in Compliance with NEPA, the Migratory Bird Act or Eagles Protection Act227

Protect Our Communities Foundation and Backcountry Against Dumps v. Sally Jewell, in her official capacity as Secretary of the U.S. Department of the Interior, ___F.3d___, Case No. 14-55666 (9th Cir. June 7, 2016).

District Court:

District Court Holds EPA’s Actions Blocking Clean Water Act Permit Did Not Constitute ‘Final Agency Action’ under the APA229

Marquette County Road Commission v. U.S. Environmental Protection Agency, ___F.Supp2d___, Case No. 2:15-CV-93, (W.D. MI., May 18, 2016) .

District Court Delays Ruling on the Constitutionality of California’s Low Carbon Fuel Standard Pending Further Briefing232

Rocky Mountain Farmers Union, et. al. v. Richard W. Corey, et al., ___F.Supp.2d___, Case No. 1:10-cv-163-LJO-BAM (E.D. Cal. May 13, 2016).

District Court Denies Motion for Removal from State Court—Finding No Federal Question and No CERCLA Claims Alleged233

State of Missouri ex rel. Attorney General Chris Koster v. Republic Services, Inc., ___F.Supp.2d___, Case No. 4:15CV1506 RLW (E.D. Mo. 2016).


Massachusetts Supreme Judicial Court Finds that Sate Department of Environmental Protection Falls Short in the Regulation of GHG Emissions236

Isabel Kain & Others v. Massachusetts Department of Environmental Protection, Case No. SJC-11961 (Mass May 17, 2016).

Washington Court of Appeals Upholds State Energy Regulator’s Decision to Restrict Utility Cost Recovery to In-State Power Facilities238

PacificCorp v. Washington Utilities and Transportation Commission, Case No. 46009-2 (Wash.App. Apr. 27, 2016).