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Environmental, Energy and Climate Change Law & Regulation Reporter

FEATURE ARTICLE

219

ENVIRONMENTAL NEWS

President Trump Reverses Obama-Era Ocean Policies via New Executive Order224

Oregon Takes Steps to Regulate Toxic Algae in Drinking Water225

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions228

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Second Circuit Finds State Law Claims Seeking Recovery for Contamination Released during Water Pollution Superfund Cleanup Are Preempted under CERCLA233

Bartlett et. al. v. Honeywell International Inc., ___F.3d___, Case No. 17-1907-CV, (2nd Cir. May 25, 2018).

Ninth Circuit Determines That Property Purchased at Tax Sale Has Contractual Relationship with Previous Landowners for CERCLA Liabil-

ity235

California Department of Toxic Substances Control. v. Westside Delivery, LLC, et al., ___F.3d___, Case No. 16-56558 (9th Cir. Apr. 27, 2018).

Second Circuit Issues Summary Order Denying Review of Order Issued by EPA under Title V of the Clean Air Act237

Finger Lakes Zero Waste Coalition, Inc., v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 16-3420 (AG) (2nd Cir. May 15, 2018).

D.C. Circuit Grants Petition Challenging EPA’s Final Rule for the West Vermont Drinking Water Contamination Site to the National Priorities List238

Genuine Parts Company v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 16-1416 (D.C. Cir. May 18, 2018).

Fourth Circuit Dismisses Lawsuit Filed by Plaintiff for Local Dispute Alleging Clean Water Act Vio-

lations240

Schneider v. Donaldson Funeral Home and Howard County, Unpublished, Case No. 17-1183 (4th Cir. May 9, 2018).

District Court:

Federal Claims Court Finds EPA Improperly Used ‘Slag’ and ‘Kish’ Purchased by Plaintiff in Bankruptcy Sale Amounting to a ‘Takings’242

Gadsden Industrial Park, LLC v. United States, ___F.Supp.3d___, Case No. 10-757L (Ct. Fed. Cl. May 18, 2018).

RECENT STATE DECISIONS

Washington Supreme Court Exempts State Department of Natural Resources from Liability under State Cleanup Law245

Pope Resources LP, et al. v. Washington State Department of Natural Resources, Case No. 94084-3 (Wash. May 24, 2018).