FEATURE ARTICLE
The More Things Change, the More they Stay the Same: New Round of Guidance Unlikely to Clarify Clean Water Act Jurisdiction by W. Parker Moore and Graham St. Michel, Beveridge and Diamond, P.C., Washington, D.C123
EASTERN WATER NEWS
Ohio Legislature Wrestles With Water Withdrawal Standards129
NRDC Report Claims 29 States Unprepared for Climate Change Water Impacts130
News From the West132
REGULATORY DEVELOPMENTS
Federal Agencies Receive Comments on Modified Definition of Endangered Species135
Susquehanna River Basin Commission Proposes New Low Flow Protection Policy137
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions139
JUDICIAL DEVELOPMENTS
Federal:
Fifth Circuit Finds EPA’s Veto of the Yazoo Pump Station Was Proper under the Clean Water Act Section 404(c)141
Board of Mississippi Levee Commissioners v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 11-60302 (5th Cir. Mar. 6, 2012).
Seventh Circuit Holds Municipality’s Distribution of Contaminated Well Water Triggered Insurance Policies’ Pollution Exclusion143
Scottsdale Indemnity Co. v. Village of Crestwood, ___F.3d___, Case Nos. 11-2385, 11-2556, 11-2583 (7th Cir. Mar. 12, 2012).
Federal Circuit Upholds Strict Compliance with Judicial Conflict of Interest Rules145
Shell Oil Company and Atlantic Richfield Company v. U.S., ___F.3d___, Case No. 2010-5161 (Fed. Cir. Mar 7, 2012).
District Court Holds EPA Lacked the Authority to Revoke an Army Corps Authorized Clean Water Act Section 404 Permit147
Mingo Logan Coal Company v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 10-0541(D. D.C. Mar. 23, 2012).
