FEATURE ARTICLE
EPA Loses a Strong Arm in Its Fight Against ‘CAFO’ Discharges: National Pork Producers Council v. EPA by Felix S. Yeung, Beveridge 271
EASTERN WATER NEWS
News from the West275
FLOOD CONTROL DEVELOPMENTS
Flood Control Management and Liability Update278
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions280
REGULATORY DEVELOPMENTS
EPA to Begin Issuing Permits to Cover Pesticide Applications under the Clean Water Act283
LAWSUITS FILED OR PENDING
U.S. Supreme Court Poised to Hear Arguments on Montana Streambed Ownership285
JUDICIAL DEVELOPMENTS
Federal:
Third Circuit Denies Class Certification for Medical Monitoring and Property Damage from Contaminated Wastewater Due to Predominating Individual Issues287
Gates v. Rohm and Haas Company, LLC, ___F.3d___, Case Nos. 10-2108 (3rd Cir. Aug. 25, 2011).
Second Circuit Grants NRDC’s Petition Involving Pesticide Dichlorvos because EPA Did Not Property Conduct Certain Risk Assessments289
Natural Resources Defense Council v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-3771 (2nd Cir. Sep. 16, 2011).
District Court Finds Army Corps’ Arbitrary Issuance of Reservoir Construction Permit Entitled Plaintiffs to an Award of Attorney’s Fees291
Alliance to Save the Mattaponi, et al. v. U.S. Army Corps of Engineers, et al., ___F.Supp.2d___, Case No. 06-01268 (D. D.C. Sept. 13, 2011).
District Court Requires Army Corps to Amend Its EIS for Failure to Consider Post Hurricane Katrina Circumstances293
Holy Cross Neighborhood Association v. U.S. Army Corps of Engineers, ___F.Supp.2d___, Case No. 03-370 (E.D. La. Sept. 9, 2011).
District Court Finds State Cleanup Obligations Involving Ongoing Groundwater Pollution Are Never Dischargeable In Bankruptcy295
Mark IV Industries, Inc. v. New Mexico Environment Department, ___F.Supp.2d___, Case No. 11 CIV 648 (S.D. N.Y. Sep. 28, 2011).
State:
City of New York Faces Massive Liability for Failure to Remediate Superfund Site and in Exposing Bronx Residents to Groundwater Contamination297
Nonnan v. City of New York, 2011 N.Y.Slip.Op. 0643 (N.Y Supr. Ct App. Div. Sept. 15, 2011).
