Eastern Water Law & Policy Reporter
February 2015
Volume 10, Number 1
February 2015
EASTERN WATER NEWS
Food and Drug Administration Set to Consider Revision of Food Safety Rules for Irrigation Water3
Environmental Groups Seek Writ of Mandate against EPA over Failure to Implement Clean Water Act Phase II MS4 Regulations4
New York State Poised to Permanently Ban Hydraulic Fracturing6
Texas Lawmaker Aims to Discourage Cities from Passing Fracking Bans8
News from the West9
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions12
JUDICIAL DEVELOPMENTS
Federal:
D.C. Circuit Holds that the Lead in Spent Bullets and Shot Is Not Subject to EPA Regulation under the Toxic Substances Control Act15
Trumpeter Swan Society, et al. v. U.S. Environmental Protection Agency, et al., ___F.3d___, Case No. 13-5228 (D.C. Cir. Dec. 23, 2014).
District Court Dismisses Citizen Suit against the Army Corps for Mootness Relating to Flood Control Project16
Finca Santa Elena Inc. et al v. U.S. Army Corps of Engineers et al., ___F.Supp.3d___, Case No. 1:11-cv-00296 (D. D.C. Jan. 6, 2015).
District Court Finds Environmental Group Is Entitled to Jury Trial on the Issues of Clean Water Act/RCRA Liability for Civil Penalties17
North Carolina Environmental Justice Network v. Taylor, ___F.Supp.3d___, Case No. 4:12-CV-154-D (E.D. N.C. Dec. 29, 2014).
District Court Grants Injunction Forcing PPG Industries to Apply for a Clean Water Act Discharge Permit19
PennEnvironment, et al. v. PPG Industries, Inc., et al., ___F.Supp.3d___, Case No. 12-CV-342 (W.D. Pa. Dec. 10, 2014).
District Court Finds Benzene—Once Part of a Gasoline Mixture and Separating Later—Is Still Excluded from CERCLA Coverage Due to the ‘Petroleum Exclusion’21
White Plains Housing Authority v. Getty Properties Corporation, ___F.Supp.3d___, Case No. 13-cv-6282 (S.D. N.Y. Dec. 16, 2014).
State:
One Man’s Waste Is Another’s Treasure unless You Use Natural Waste in Wisconsin—State Supreme Court Addresses the Limits of Insurance Coverage in Two Decisions23
Wilson Mutual Insurance Co. v Falk, ___N.W.2d___, 2014 WI 136 (Wis. Dec. 30, 2014); Preisler v General Casualty Insurance Co., ___N.W.2d___, 2014 WI 135 (Wis. Dec. 30, 2014).
