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Environmental, Energy and Climate Change Law & Regulation Reporter


Washington State Adopts Greenhouse Gas Emissions Standards with ‘Clean Air Rule’3

California Releases Action Plan with a Goal of 1.5 Million Zero-Emission Vehicles5


Recent Investigations, Settlements, Penalties and Sanctions7


Circuit Court of Appeals:

Ninth Circuit Upholds Listing of Arctic Seals on the Basis of Climate Change Predictions for Year 209511

Alaska Oil & Gas Association v. Pritzker, ___F.3d___, Case No. 14-35806 (9th Cir. Oct. 24, 2016).

Eighth Circuit Reverses District Court’s Remand of Class Action Related to Chemical Release Finding that Removal Was Timely13

Gibson v. Clean Harbors Environmental Services, ___F.3d___, Case No. 16-8012 (8th Cir. Oct. 24, 2016).

District Court:

District Court Rejects Public Utilities Clean Water Act Claims Regarding Wastewater Discharges15

Carolina Water Services, Inc. v. Regina McCarthy, ___F.Supp.3d___, Case No. 3:15-cv-04919 (D. S.C. Sept. 29, 2016).

District Court Rejects Monsanto’s Attempt to Dismiss City’s Claims Related to PCBs in the Spokane River17

City of Spokane v. Monsanto Co., et al., ___F.Supp.3d___, Case No. 2:15-CV-00201-SMJ (E.D. Wash. Oct. 26, 2016).

District Court Holds Consultant Potentially Liable for CERCLA Clean Up Costs Flowing from Breach of Contractual Testing Obligations19

City of Waco v. Kleinfelder Central, Inc., ___F.Supp.3d___, Case No. 6:15-CV-310 (W.D. Tex. Oct. 6, 2016).

District Court Rules that while RCRA Authorizes Injunctive Relief the Court May Instead Refrain to Accommodate State Agency Plans20

Lajim, LLC v. General Electric Co., ___F.Supp.3d___, Case No. 13 CV 50348 (N.D. Il. Oct. 4, 2016).

District Court Finds Clean Air Act Imposes Mandatory Duty on EPA to Carry Out Ongoing Evaluations of Impacts on Employment22

Murray Energy Corporation v. McCarthy, ___F.Supp.3d___, Case No. 5:14-CV-39 (N.D. W.Va. Oct. 17, 2016).

District Court Holds that the Clean Water Act’s ‘Maintenance Exception’ Does Not Legitimize an Illegal, Unpermitted Levee23

Quad Cities Waterkeeper Inc. v. Ballegeer, et al., ___F.Supp.3d___, Case No. 4:12-CV-4075-SLD-JEH (C.D. Il. Sep. 29, 2016).

District Court Finds Railroad Coal Discharge Directly into U.S. Waters Was a ‘Point Source’ under the Clean Water Act—Indirect Discharges Were


Sierra Club, et al. v. BNSF Railway Company, ___F.Supp.3d___, Case No. C13-967-JCC (W.D. Wa. Oct. 25, 2016).