Eastern Water Law & Policy Reporter

WATER NEWS

Democratic Presidential Candidates’ Plans to Address Climate Change Impacts in the Agricultural Sector199

State’s Revised Mercury Total Maximum Daily Load Rulemaking under the Clean Water Act Hurtles Toward Court-Ordered Deadline201

News from the West203

REGULATORY DEVELOPMENTS

U.S. Fish and Wildlife Service and NOAA Fisheries Jointly Announce

Revisions to Regulations Implementing Portions of the Endangered Species Act209

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions211

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Fourth Circuit Vacates Second Incidental Take Permit for Atlantic Coast Pipeline217

Defenders of Wildlife v. Wildlife Services, ___F.3d___, Case No. 18-2090 (4th Cir. July 26, 2019).

Seventh Circuit Holds Settlement Resolving Liability for Non-CERCLA Claims Triggers Three-Year Statute of Limitations for Contribution Act-

ions219

Refined Metals Corp. v. NL Industries, Inc., ___F.3d___, Case No. 18-3235 (7th Cir. Aug. 22, 2019).

Seventh Circuit Finds State Suit Does Not Bar Federal CERCLA Cost Recovery Claim221

Valbruna Slater Steel Corp. v. Joslyn Mfg. Co., ___F.3d___, Case No. 18-2633 (7th Cir. Aug. 8, 2019).

District Court:

District Court Remands 2015 ‘Waters of The U.S.’ Rule to Agencies for Further Notice and Comm-

ent222

Texas v. U.S. Environmental Protection Agency, 389 F.Supp.3d 497 (S.D. Tex. 2019).