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Environmental, Energy and Climate Change Law & Regulation Reporter


California Assembly Bill Promotes Voluntary, Local Conservation

Measures, with an Eye to Climate Change Resiliency275

California Cap-and-Trade Expenditure Plan Invests in Clean Energy and Disadvantaged Communities276


Recent Investigations, Settlements, Penalties and Sanctions278


Circuit Court of Appeals:

Eleventh Circuit Approves Different Requirements for Grandfathered

Clean Water Act Permits—Upholds Nationwide Permit for Surface Coal


Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 15-14745 (11th Cir. Aug. 12, 2016).

D.C. Circuit Finds It Cannot ‘Rescue’ the Federal Government from Overpayment of CERCLA Remediation Costs that Were Made via Contractual Agreement284

Lockheed Martin Corporation v. U.S., ___F.3d___, Case No. 14-5302 (D.C. Cir. Aug. 19, 2016).

D.C. Circuit Holds that EPA’s Clean Air Act Implementation Rule Was a Reasonable Exercise of EPA’s Gap-Filling Authority286

WildEarth Guardians, et al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-1145 (D.C. Cir. July 29, 2016).

District Court:

District Court Dismisses California Cities’ PCB Discharge Claims for Stormwater Runoff into San Francisco Bay288

City of San Jose, et al. v. Monsanto Co., et al., ___F.Supp.3d___, Case No. 5:15-cv-03178-EJD (N.D. Cal. Aug. 22, 2016).

District Court Holds a Unilateral Administrative Order Pursuant to CERCLA Section 106 Is not a ‘Civil Action’ for the Purposes of Section 113(f) Claim for Contribution289

Diamond X Ranch LLC, v. Atlantic Richfield Company, ___F.Supp.3d___, Case No. 3:13-cv-00570-MMD-WGC (D. Nev. Aug. 26, 2016).

District Court Denies Government’s Request for Dismissal Based On CERCLA Consent Decree, but Grants Motion Limiting Reimbursement292

U.S. v. NCR Corp. and Appleton Papers Inc, ___F.Supp.3d___, Case No. 10-C-910 (E.D. Wis. Aug. 19, 2016).

District Court Finds Ordinary Corporate Correspondence Sufficient to Support Trial on PRP Status under CERCLA293

Virginia Street Fidelco, LLC v. Orbis Products Corporation, ___F.Supp.3d___, Case No. 11-2057 (D. N.J. Aug. 3, 2016).


California Court of Appeal Holds Air Quality Receptor Thresholds may Have Limited Application in CEQA Analyses296

California Building Industry Association v. Bay Area Air Quality Management District, 2 Cal.App.5th 485 (1st Dist. 2016).