FEATURE ARTICLE
Sensible Flood Risk Management for California’s Central Valley to Address Existing Risk and Hydrologic and Climate Change Uncertainties: A Partnership of Federal, State, and Local Efforts by Scott Shapiro, Esq., Downey Brand, California187
EASTERN WATER NEWS
Interior Department Issues Updated Draft Rule for Fracking on Indian
Lands192
EPA Announces Approval of a Plan to Control Sewer Overflows in the Cincinnati Area194
News From the West195
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions197
JUDICIAL DEVELOPMENTS
Federal:
Sixth Circuit Finds Kentucky Riverkeeper Defeats U.S. Army Corps of Engineers’ Limited Impacts Analysis for Coal Mining200
Kentucky Riverkeeper et al v. Rowlette, 714 F.3d 402 (6th Cir. 2013).
Fourth Circuit Holds Corps’ Clean Water Act Section 404 Permit for Mining Activities Was Supported by a ‘Hard Look’ at Potential Environmental Consequences201
Ohio Valley Environmental Coalition, Inc. v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 12-1999 (4th Cir. May 15, 2013).
District Court Dismisses Citizen Suit Challenging EPA’s CWA National Contingency Plan Product Schedule as Time Barred203
Alaska Community Action on Toxics v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 12-1299 (D. D.C. May. 7, 2013).
District Court Rejects Argument under CERCLA that PCB Contamination in the Little Fox River of Wisconsin Is Divisible205
U.S. v. NCR Corp., ___F.Supp.2d___, Case No. 1:10-CV-00910 (E.D. Wis. May 1, 2013)