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Environmental, Energy and Climate Change Law & Regulation Reporter


Exxon Shareholders Demand Disclosure of Climate Change Impacts on Investments219


Recent Investigations, Settlements, Penalties and Sanctions221


Circuit Court of Appeals:

Sixth Circuit Affirms Dismissal of Class Action for Indirect Trespass Claim Related to Particulate Air Emissions224

Abrams et al. v. Nucor Steel Marion, Inc., ___F.3d___, Case No. 15-4422, (6th Cir. May 25, 2017).

Sixth Circuit Finds Settlement in Administrative Order with EPA Precludes Insurance Coverage for Releases into Waterway from Policyholder’s Facility226

Arrowood Indemnity Company v. Lubrizol Corporation, ___F.3d___, Case No. 16-3463 (6th Cir. June 1, 2017).

Second Circuit Finds Insurer Had No Duty to Defend or Indemnify in Underlying State Court Action for Chemical Contamination at Love Canal Superfund Site228

Cincinnati Insurance Co. v. Roy’s Plumbing, Inc., ___F.3d___, Case No. 16-2511-CV (2nd Cir. May 31, 2017).

D.C. Circuit Finds Clean Water Act Does Not Expressly Preempt EPA’s Ability to Withhold Data in the Face of a FOIA Request229

Environmental Integrity Project v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-1282 (D.C. Cir. 2017).

Sixth Circuit Addresses First Amendment Protected Speech in the Context of CWA Discharge Test Results and Hiring Practices at Wastewater Treatment


Mayhew v. Town of Smyrna, Tennessee, 856 F.3d 456 (6th Cir. 2017).

Second Circuit Affirms Judgment Rejecting ‘Single Enterprise Theory’ of CERCLA Liability for Release Caused by Four-Decade Old Fire234

Next Millennium Realty, LLC v. Adchem Corp., ___F.3d___, Case No. 16-1260-cv (2nd Cir. May 11, 2017).

Eighth Circuit Finds Fracking Waste Disposed of Via a Water Well Likely Migrated to Plaintiffs’ Property —Case Suitable for Jury Determination236

Robbie Hill, et al. v. Southwestern Energy Company, ___F.3d___, Case No. 15-3458 (8th Cir. May 22, 2017).

District Court:

District Court Refuses to Force DOI to Complete Six-Year NEPA Review of Regulation Exempting Offshore Oil and Gas Exploration238

Center for Biological Diversity v. Zinke, ___F.Supp.3d___, Case No. 16-cv-738 (KBJ) (D. D.C. May 4, 2017).


California Court of Appeal Finds Action for Administrative Relief against Air District Can Be Pursued under CEQA241

Friends of Outlet Creek v. Mendocino County Air Quality Management District et al., ___Cal.App.5th___, Case No. A148508 (1st Dist. May 25, 2017).