EASTERN WATER NEWS
House Passes Measure to Exempt Pesticides from Clean Water Act Permitting Requirements119
News From the West121
FLOOD CONTROL UPDATE
Flood Control Management and Liability Update123
REGULATORY DEVELOPMENTS
Draft EPA/Corps Guidance Seeks to Expand Federal Jurisdiction over Wetlands, as Congress and the Courts Question Agency Authority125
New Federal Guidelines Aim at Minimizing Climate Change Related Extreme Weather Events127
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions129
JUDICIAL DEVELOPMENTS
Federal:
Federal Circuit Denies Takings Claim against Corps for Damages in Wildlife Management Area from Dam Diversions131
Arkansas Game & Fish Commission v. United States, ___F.3d___, Case No. 07-1053 (Fed. Cir. Mar. 30, 2011).
Fourth Circuit Holds that CGL Insurance Policy Does Not Cover Regulatory Liability under CERCLA133
Industrial Enterprises. v. Penn America Insurance Co., ___F.3d___, Case No. 09-2346 (4th Cir. Mar. 18, 2011).
EPA Loses a Strong Arm in Its Fight against CAFO Discharges in Fifth Circuit Decision134
National Pork Producers Council v. U.S. Environmental Protection Agency, ___F.3d___, Case No. No. 08-61093 (5th Cir. Mar. 29, 2011).
District Court Finds Subject Matter Jurisdiction and that Plaintiffs Sufficiently Stated Claims under RCRA for Soil and Groundwater Contamination137
Estate of Serracante v. Esso Standard Oil (Puerto Rico), ___F.Supp.2d___, Case No. 09-1326 (DRD) (D. P.R. Mar. 17, 2011).
District Court Rejects Notion that ‘Any Decree Is Better than None’—Declines to Grant Unopposed Motion for Entry of Proposed CWA Consent
Decree140
U.S. v. City of Akron, ___F.Supp.2d___, Case No. 5:09CV272 (N.D. Ohio Mar. 17, 2011).
State:
Massachusetts Supreme Court Upholds State’s Right to Regulate Cooling Water Intake Structures of Nuclear Facility142
Entergy Nuclear Generation Company v. Massachusetts Department of Environmental Protection, Case No. SJC-10732 (Mass. April 11, 2011).
