EASTERN WATER NEWS
U.S. State Department Releases the Final Supplemental Environmental Impact Statement for the Proposed Keystone XL Pipeline83
Endangered Species Act Congressional Working Group Issues Report, Recommends Changes85
News from the West86
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions89
LAWSUITS FILED OR PENDING
U.S. Supreme Court Denies Petition for Certiorari on Ninth Circuit Ruling Against Water Districts’ Claims that the U.S. Failed to Provide Adequate Drainage in the Federal Central Valley Project92
Landowners File Federal Takings Suit against the Army Corps, Seeking Compensation for Damages Caused by Flooding94
JUDICIAL DEVELOPMENTS
Circuit Court of Appeals:
Fifth Circuit Finds that Local Jurisdictions’ Police Powers Are Preempted by Federal Clean Water Act in Deepwater Horizon Litigation96
In Re: Deepwater Horizon, ___F.3d___, Case No. 12-30012 (5th Cir. Feb. 24, 2014).
District Court:
District Court Bars Reliance on Environmental Law Theory of Liability Not Disclosed in Response to Contention Interrogatories98
In re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.Supp.2d___, Case No. 1:00-cv-01898-SAS-DCF (S.D. N.Y. Feb. 6, 2014).
District Court Affirms PRP Groups’ Ability to Prosecute Both CERCLA Section 107 and Section 113 Claims Simultaneously100
LWD PRP Group v. ACF Industries, et al., ___F.Supp.2d___, Case No. 5:12-cv 00127 JHM (W.D. KE. Feb. 7, 2014).
District Court Case in Indiana Is a Primer for Suits against Subdivision Developers Who Cause Flooding from Jurisdictional Waters102
Stillwater of Crown Point Homeowners’ Association et al, v. Stiglich, ___F.Supp.2d___, Case No. 09–CV–157–PRC (N.D. Ind. Feb. 26, 2014).
District Court Strikes Down Nebraska Law Allowing Keystone XL Pipeline103
Thompson v. Heineman, ___F.Supp.2d___, Case No. CI 12-2060 (D. Neb. Feb. 19, 2014).
District Court Denies Prevailing Defendant in Clean Water Act Litigation Costs because Plaintiffs’ Claim Was Not Frivolous or without Foundation105
Wisconsin Resources Protection Council, et al. v. Flambeau Mining Co., ___F.Supp.2d___, Case No. 11-cv-45-bbc (W.D. Wis. Feb. 5, 2014).
