Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Environmental, Energy and Climate Change Law & Regulation Reporter


White House Council on Environmental Quality Issues Final Guidance on Greenhouse Gas Emissions Consideration under NEPA243


Recent Investigations, Settlements, Penalties and Sanctions246


U.S. District Court to Address Recovery of CERCLA Cleanup Costs for Soil and Groundwater Contamination on Remand from the Ninth Cir-



Circuit Court of Appeals:

First Circuit Upholds District Court’s Holding that Property Owner Failed to Show a Clean Water Act Stormwater Violation257

Louis Paolino, et al. v. JF Realty, et al., ___F.3d___, Case No. 15-1498 (1st Cir. July 18, 2016).

Fifth Circuit Upholds FWS Critical Habitat Designation under the ESA on Land that Is Unoccupied by Listed Species259

Markle Interests L.L.C. v. U.S. Fish and Wildlife Service, ___F.3d___, Case No. 14-31008 (5th Cir. June 30, 2016).

D.C. Circuit Upholds EPA’s ‘Backstop’ Authority to Revoke Army Corps’ Clean Water Act Permit Due to ‘Unacceptable Adverse Effects’ on Wild-


Mingo Logan Coal Company v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-5305 (D.C. Cir. July 19, 2016).

Ninth Circuit Dismisses CERCLA Case against Canadian Mining Company For Cross-Border Aerial Emissions Causing Pollution to Water and


Pakootas v. Teck Cominco Metals, Ltd., ___F.3d___, Case No. 15-35228 (9th Cir. July 27, 2016).

Fifth Circuit Stays EPA’s Texas and Oklahoma Clean Air Act Rule264

State of Texas et al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 16-60118 (5th Cir. July 15, 2016).

District Court:

District Court Holds that 2014 Clean Water Act Permit Transfer Notice Potentially Releases Initial Permittee from Liability267

Puget Soundkeeper Alliance v. Louis Dreyfus Commodities, LLC, ___F.Supp.3d___, Case No. C14-803RAJ (W.D. Wash. June 24, 2016).

District Court Rejects Proposed $16 Million CERCLA Settlement in Relation to California Oil Processing Sites269

Rev 973, LLC v. John Mouren-Laurens, et al., ___F.Supp.3d___, Case No. CV 98-10690 (C.D. Cal. July 1, 2016).

District Court Finds Failure-To-Warn Tort Claims Alleging Pesticide-Induced Cancer Not Preempted by Federal Label Approval270

Sheppard v. Monsanto Company, ___F.Supp.3d___, Case No. C16-00043 (D. Hi. June 29, 2016).