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Environmental, Energy and Climate Change Law & Regulation Reporter


President Trump Signs Executive Order Reversing Obama’s Ban on Oil and Gas Drilling in the Outer Continental Shelf191


Recent Investigations, Settlements, Penalties and Sanctions193


Circuit Court of Appeals:

Fifth Circuit Holds Action by Subsequent Purchaser to Recover for Contamination by Activities under Expired Mineral Lease Barred Absent Assignment of Right to Sue197

Guilbeau v. Hess Corp., 854 F.3d 310 (5th Cir. 2017).

Ninth Circuit Finds Challenge to EPA-Approved Clean Air Act State Implementation Plan Must Be Brought in Federal Courts of Appeals198

Owner-Operator Independent Drivers Association, Inc. v. Corey, Unpub.,Case No. 15-16429 (9th Cir. Apr. 26, 2017).

Ninth Circuit Finds It Lacked Jurisdiction to Review EPA Draft Permit Objection Letter That Did Not Promulgate Clean Water Act Effluent Limitation200

Southern California Alliance of Publicly Owned Treatment Works v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-74047 (9th Cir. Apr. 12, 2017).

Second Circuit Addresses ‘Derivative Claims’ Injunction as Part of a Bankruptcy Settlement Agreement202

Tronox Inc. v. Kerr-McGee Corp. (In re Tronox Inc.), ___F.3d___, Case No. 16-343, (2nd Cir. Apr. 20, 2017).

D.C. Circuit Reject’s EPA’s Primary Justification for Its Final Rule—That It Would Be Impractical or Unlikely for the Agency to Pursue Animal Waste Air Emissions204

Waterkeeper Alliance, et al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 09-1017 (D.C. Cir. Apr. 11, 2017).

District Court:

District Court Rules the Clean Water Act Authorizes Citizen Suits against Anyone that Is Currently Violating Certification under Section 401206

Deschutes River Alliance v. Portland General Electric Company, ___F.Supp.3d___, Case No. 3:16-cv-1644-SI (D. Or. Mar. 27, 2017).

District Court Allows Port to Pursue Negligence, Nuisance, and Other Claims against Monsanto Corporation for PCB Manufacturing208

Port of Portland v. Monsanto Co. et al., ___F.Supp.3d___, Case No. 3:17-CV-15-PK (D. Or. Apr. 18, 2017).

District Court Orders Corps of Engineers to Honor State Water Quality Interpretation210

State of Ohio v. U.S. Army Corps of Engineers, ___F.Suppp.3d___, Case No. 1:15-CV-679 (N.D. Ohio May 5, 2017).

District Court Rejects Groundwater as a Point Source for Clean Water Act Liability212

Upstate Forever and Savannah Riverkeeper v. Kinder Morgan Energy Partners, L.P. and Plantation Pipe Line Company, Inc., ___F.Supp.3d___, Case No. 8:16-40030HMH (D. S.C. 2017).