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Environmental, Energy and Climate Change Law & Regulation Reporter


President Trump Signs Executive Orders to Advance the Keystone XL and Dakota Access Pipelines95


U.S. Fish and Wildlife Service Seeks Greater Influence with New Endangered Species Act Compensatory Mitigation Policy97


Recent Investigations, Settlements, Penalties and Sanctions99


Circuit Court of Appeals:

Tenth Circuit Holds Asarco’s Settlement Representations Not an Admission Contradicting Its CERCLA Contribution Claim103

Asarco, LLC v. Noranda Mining Co., ___F.3d___, Case No. 16-4045 (10th Cir. Jan. 3, 2017).

Second Circuit Joins the Eleventh Circuit in Upholding EPA’s ‘Water Transfers Rule’105

Catskill Mountains Chapter of Trout Unlimited, Inc. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-1823 (2nd Cir. Jan. 18, 2017).

Fourth Circuit Holds Federal Clean Water Act Permit Does Not Shield Permittee from Liability for Violation of State Water Quality Stan-


Ohio Valley Environmental Coalition v. Fola Coal Co., LLC, ___F.3d___, Case No. 16-1024 (4th Cir. Jan. 4, 2017).

District Court:

District Court Finds CGL Insurance Policies Did Not Provide Coverage for Investigation and Remediation Occurring before Policy’s Purchase109

Atlantic Casualty Insurance Company v. Juan and Maria Garcia, ___F.Supp.3d___, Case No. 2:15-CV-66-JEM (N.D. Ind. Jan. 5, 2017).

District Court Holds Drain Assessment Costs Imposed to Address Groundwater Contamination May Constitute CERCLA ‘Response Costs’112

Charter Township of Lansing and Lansing Township Downtown Development Authority v. Lansing Board of Water and Light, ___F.Supp.3d___, Case No. 1:14—cv-515 (W.D. MI. Jan. 6, 2017).

District Court Holds $3 Million Payment Pursuant to Settlement Agreement for Crude Oil Spill Was a Civil Penalty Not Subject to Contribution Act-


Chevron Pipe Line Company v. Pacificorp, d/b/a/ Rocky Mountain Power, ___F.Supp.3d___, Case No. 2:12-CV-287-TC (D. UT. Jan. 27, 2017).

District Court Requires EPA to Study Financial Costs of Administration or Enforcement of the Clean Air Act115

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

Federal Land Policy Act, NEPA and APA Challenges to Plans Rejected by the District Court for Lack of Standing117

Otter v. Jewell, ___F.Supp.3d___, Case No. 15-cv-1566 (D. D.C. Jan. 5, 2017).

District Court Finds Federal/State Wildlife Data Collection Program Offended NEPA and the Wilderness Act—Orders Destruction of Data Collected119

Wilderness Watch v. Vilsack, ___F.Supp.3d___, Case No. 4:16-cv-12-BLW (D. ID. Jan. 18, 2017).


California Supreme Court De-Publishes Recent Sixth District Decision on CEQA122

Bay Area Clean Environment, Inc. v. Santa Clara County et al, 2 Cal.App.5th 1197 (6th Dist. Aug. 31, 2016), Supreme Court Case No S237709 (Dec 14, 2016).