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Environmental, Energy and Climate Change Law & Regulation Reporter


Ratification of United Nations Paris Agreement—Agreement Takes Force November 4303


Recent Investigations, Settlements, Penalties and Sanctions.305


Circuit Court of Appeals:

Extensive EPA Collection of Private Information for Clean Water Act Enforcement Shielded from Freedom of Information Act Disclosure by Eighth Circuit312

American Farm Bureau Federation v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 15-1234 (8th Cir. Sept. 9, 2016).

District Court:

District Court Holds Current Owner of Contaminated Property Is Not Liable under CERCLA for Cleanup Costs Incurred Prior to Ownership314

Commonwealth of Pennsylvania Department of Environmental Protection v. Trainer Custom Chemical LLC, ___F.Supp.3d___, Case No. 15-1232 (E.D. Pa. Aug. 30, 2016).

District Court Dismisses Water Company from Class Action Alleging Negligent Interruption in Water Supply and Exposure to Contaminants315

Crystal Good et al. v. American Water Works Co. Inc. et al., ___F.Supp.3d___, Case No. 2:14-cv-01374 (S.D. W.V. Sept. 26, 2016).

District Court Finds Bankruptcy Discharge Cannot Bar CERCLA Contribution Claims Not Yet Legally Recognized at the Time of the Bankruptcy Filing or the Discharge317

DMJ Associates, L.L.C. v. Capasso, ___F.Supp.3d___, Case No. 97-CV-7285 (DLI)(RML) (E.D. N.Y. Sept. 22, 2016).

District Court Holds General Agency Awareness of Public Concerns Sufficient to Exhaust Issues for NEPA Challenges319

Los Padres ForestWatch v. U.S. Bureau of Land Management, ___F.Supp.3d___, Case No. CV-15-4378-MWF (C.D. Cal. Sept. 6, 2016).

District Court Holds Port District May Proceed with Claims against Monsanto Related to PCBs in San Diego Bay321

San Diego Unified Port District, et al. v. Monsanto Co., et al., ___F.Supp.3d___, Case No. 15-cv-578-WHQ-JLB (S.D. Cal. Sept. 28, 2016).

District Court Finds Plaintiff’s Failure to Comply with the Clean Air Act’s Notice Requirement Fatal in Challenge to CAFO Emissions323

The Humane Society of the United States v. Gina McCarthy, in her official Capacity as Administrator, et al., ___F.Supp.3d___, Case No. 15-cv-00141 (D. D.C. Sept. 19, 2016).

District Court Finds Federal Government Not Liable as an ‘Operator’ under CERCLA for Pollution from Mine Closed Pursuant to War Production Board Order325

U.S. and California Department of Toxic Substances Control v. Sterling Centrecorp Inc., et al., ___F.Supp.3d___, Case No. 2:08-cv-02556-MCE-JFM (E.D. Cal. Sept. 20, 2016).

District Court Finds Timing of Completion of Removal Action Triggers Running of Statute of Limitations under CERCLA327

U.S. v. Boston and Maine Corp., ___F.Supp.3d__, Case No. 13-10087-IT (D. Mass. Sept. 22, 2016).


California Court of Appeal Opens Up a Split of Authority on Recovering the Costs of Preparing the Administrative Record in CEQA Cases329

Citizens for Ceres v. City of Ceres, 3 Cal.App.5th 237 (5th Dist. 2016).