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Environmental, Energy and Climate Change Law & Regulation Reporter


The Other Green—The Land Use and Environmental Implications of California’s New Adult Use of Marijuana Act by Nedda Mahrou, Esq., Jackson Tidus, P.C., Irvine, California31


Recent Investigations, Settlements, Penalties and Sanctions36


Circuit Court of Appeals:

Sixth Circuit Remands Professional Negligence Case Arising from the Flint Water Crisis to State Court41

Jennifer Mason et al. v. Lockwood, Andrews & Newnam, P.C., et al., ___F.3d___, Case No. 16-2313 (6th Cir. Nov. 16, 2016).

Fifth Circuit Reverses and Remands District Court’s Summary Judgment on whether Land Constituted Waters of the United States43

U.S. v. Lipar, et al., ___F.3d___, Case No. 15-20625 (5th Cir. Nov. 7, 2016).

Sixth Circuit Holds Reasonable but Mistaken Belief in Contract Obligation in Fracking Dispute Cannot Give Rise to Liability under False Claims


U.S. v. Muskingum Watershed Conservancy District, ___F.3d___, Case No. 15-4460 (6th Cir. Nov. 21, 2016).

District Court:

District Court Denies Remand of Class Alleging Drinking Water Well Contamination to State Court on the Basis of Local-Controversy Exception to Class Action Fairness Act Jurisdiction46

Brown v. Saint-Gobain Performance Plastics Corp., ___F.Supp.3d___, Case Nos. 1:16-cv-00242 and 1:16-cv-00243 (D. N.H. Nov. 30, 2016).

District Court Rules Citizen Suit under Clean Air Act Cannot Be Used to Compel EPA to Clarify or Modify Its Procedures for Review of PSD and Title V Permits48

Consolidated Environmental Management, Inc. v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 2:16-cv-01432 (E.D. La. Nov. 22, 2016).

District Court Addresses State Established Parens Patriae Standing under Article III in Citizen Suit RCRA Action over Alleged Hanford Nuclear Site Pollution50

Hanford Challenge, et al. v. Ernest Moniz, in his official Capacity as Secretary, U.S. Department of Energy, et al., ___F.Supp.3d___, Case No. 4:15-CV-5086-TOR (E.D. Wash. Nov. 3, 2016).

EPA Defeats Bee Keeper’s FIFRA Lawsuit in District Court Alleging a Failure to Regulate Certain Pesticide-Treated Seeds52

Jeff Anderson, et al., v. Gina McCarthy and the U.S. Environmental Protection Agency, et al., ___F.Supp.3d___, Case No. C 16-00068 WHA (N.D. Cal. Nov. 21, 2016).

District Court Allows Claims Brought By Children against the Federal Government for Failure to Protect against Climate Change to Proceed55

Juliana v. U.S., ___F.Supp.3d___, Case No. 6:15-cv-01517-TC, (D. Or. Nov. 10, 2016).

District Court Rejects Maine’s Challenge to EPA Disapproval of Water Quality Standards under the Clean Water Act57

State of Maine, et al., v. Gina McCarthy, et al., ___F.Supp.3d___, Case No. 1:14-cv-00264-JDL (D. Me. Nov. 18, 2016).