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Environmental, Energy and Climate Change Law & Regulation Reporter




Florida Makes Science Paramount in Water Resources, Water Quality and Sea Level Rise Concerns200


EPA Issues Interpretive Statement on Application of the Clean Water Act to Point Source Discharges to Groundwater202


Recent Investigations, Settlements, Penalties and Sanctions204


Circuit Court of Appeals:

Ninth Circuit Halts Motorized Traffic in Southeastern Oregon’s High Desert in the Face of NEPA, FLPMA and Wilderness Act Challenges210

Oregon Natural Desert Association v. Rose, 921 F.3d 1185 (9th Cir. 2019).

Sixth Circuit Holds Public Comments in Administrative Proceedings Are Insufficient to Establish ‘Injury’ for Standing in Challenging Agency


Protecting Air for Waterville v. Ohio Environmental Protection Agency, ___F.3d___, Case No. 18-3025 (6th Cir. Feb. 21, 2019).

“Multi-State” Pollution—D.C. Circuit Addresses the Role of EPA and States in Enforcing the Clean Air Act’s Protection Against Ozone Pollution213

State of New York v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 17-1273 (D.C. Cir. 2019).

Eighth Circuit Affirms Joint and Several Liability for Punitive Damages under CERCLA for ‘Arrangers’ for PCB Contamination215

U.S. v. Dico, Inc., ___F.3d___, Case No. 17-3462, (8th Cir. Apr. 11, 2019).

Ninth Circuit Revives Environmental Groups’ NEPA Challenge to Department of Agriculture’s Gray Wolf Killing Policy217

Western Watersheds Project et al. v. Todd Grimm et al., ___F.3d___, Case No. 18-35075 (9th Cir. Apr. 23, 2019).

District Court:

District Court Finds Federal Government Waived Sovereign Immunity for Negligent Responses to Flint Water Crisis219

Burgess v. United States, ___F.Supp.3d___, Case Nos. 17-11218, 18-10243 (E.D. Mich. Apr. 18, 2019).

District Court Grants Motions for Summary Judgment Challenging Trump Administration’s Lift of Coal Leasing Stay220

Citizens for Clean Energy, et al. v. U.S. Department of the Interior, et al., ___F.Supp.3d ___, Case No. 4:17-cv-00030-BMM (D. Mt. Apr. 19, 2019).