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Environmental, Energy and Climate Change Law & Regulation Reporter

FEATURE ARTICLE

Water Conservation NGO Seeks Review of Agency Action Against EPA, Seeking to Have Storm Water Runoff, Downstream of Los Alamos

National Laboratory, Declared a Clean Water Act Point Source of Pollution by Christina J. Bruff, Esq., Law & Resource Planning Associates, P.C.,

Albuquerque, New Mexico3

REGULATORY DEVELOPMENTS

U.S. Bureau of Land Management Takes a Stance, Finds Negligible Risk to Water Resources Posed by Hydraulic Fracturing7

California State Water Resources Control Board Approves Long-Awaited Plan to Address Salts and Nitrates in the Central Valley8

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions11

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Third Circuit Reaffirms Its Prior Holding that CERCLA Responsible Parties Immune from Contribution Liability Cannot Bring Cost-Recovery

Claims14

Cranbury Brick Yard, LLC v. United States, ___F.3d__, Case No. 18-3287 (3rd Cir. Nov. 22, 2019).

Fourth Circuit Affirms Prison Sentence for Knowing and Intentional Violations of the Clean Water Act16

United States v. Blankenship, Unpub., Case No. 19-4072 (4th Cir. Oct. 1, 2019).

District Court:

U.S. Army Corps of Engineers’ 2017 Nationwide Permit for Commercial Shellfish Aquaculture Set Aside by the District Court17

Coalition to Protect Puget Sound Habitat v. U.S. Army Corps. of Engineers, ___F.Supp.3d___, Case No. 17-1209RSL (W.D. Wash. Oct. 10, 2019).

District Court finds EPA’s Interpretive Ruling on the Clean Water Act Deserves Chevron Deference in Addressing Groundwater Pollutants Linked to Surface Waters19

Conservation Law Foundation, Inc. v. Longwood Venues & Destinations, Inc., ___ F.Supp.3d ___, Case No. 18-11821-WGY (D. Mass. 2019).

District Court Grants Motion for Summary Judgement on Administrative Violation of the Clean Water

Act20

The Blackstone Headwaters Coalition, Inc. v. Gallo Builders, Inc., ___F.Supp.3d___, Case No. 4:16-cv-40053 (D. Mass. Sep. 30, 2019).