EASTERN WATER NEWS
U.S. Senator Cardin Sponsors Aggressive Chesapeake Bay Restoration
Bill35
News from the West37
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions40
REGULATORY DEVELOPMENTS
EPA Takes Steps to Implement Executive Order to Protect the Chesapeake Bay43
EPA Targets an Ambitiously Broad New Class of Stormwater Dis-
chargers46
New U.S. Forest Service Planning Rule Broadens Analysis of Water Quality and Watershed Health48
Center for Biological Diversity Petitions Epa to Regulate Chemicals that Pose Widespread Risks to Human and Animal Reproduction49
LAWSUITS FILED OR PENDING
Michigan and Other States Sue Illinois in the U.S. Supreme Court to Stop Asian Carp51
JUDICIAL DEVELOPMENTS
Federal:
Fourth Circuit Rejects Maryland’s Sovereign Immunity Claim for Liquefied Natural Gas Project Involving the Clean Water Act and Discharges into Navigable Waters54
AES Sparrows Point LNG, LLC; Mid-Atlantic Express, LLC, v. Shari T. Wilson, Secretary of the Maryland Department of the Environment, ___F.3d___, Case No. 09-1539 (4th Cir. Dec. 22, 2009).
Eighth Circuit Finds EPA Penalty under Clean Water Act Section 1319(g)(1) for Failure to Apply for Storm Water Permit Inappropriate56
Service Oil, Inc. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-2819 (8th Cir. Dec. 28, 2009).
District Court Allows Citizen Suit under Clean Water Act where Permit Not Modified by Consent Decree; Denies Claims Discharged in Bankruptcy58
Riverkeeper, Inc. v. Mirant Lovett, LLC, ___F.Supp.2d___, Case No. 05-CV-2792(CS) (S.D. N.Y. Dec. 15, 2009).
State:
Massachusetts Supreme Court Finds 14 Towns Succeed in Challenging State DEPs Right to Regulate Water Withdrawal60
Water Department of Fairhaven, et al. v. Massachusetts Department of Environmental Protection, Case SJC-10430 (Mass. Jan. 14, 2010).
New York Appellate Division finds New York City May Not Rely on the Federal Clean Water Act to Excuse It from Compliance with State Standards . .62
In the Matter of Catskill Mountains Chapter of Trout Unlimited v. Denise M. Sheehan, Commissioner of Environmental Conservation, 2010 N.Y. Slip. Opp. 00043 (N.Y. Supr. Ct., App. Div. Jan. 7, 2009).
