FEATURE ARTICLE
U.S. Supreme Court Adopts New Standard Allowing Non-Sovereign Entities to Intervene in Action over Equitable Apportionment of River Water Between South Carolina and North Carolina by Lewis B. Jones, King 67
EASTERN WATER NEWS
News from the West71
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions73
REGULATORY DEVELOPMENTS
Asian Carp Controversy Moves to Federal Agency Action Stage75
Pennsylvania DEP Issues New Guidance on Nutrient Pollution for Industrial Wastewater into Chesapeake Bay77
JUDICIAL DEVELOPMENTS
Federal:
Tenth Circuit Affirms Judgment for Remediation Costs under CERCLA Section 107(A) for TCE Groundwater Contamination80
Raytheon Aircraft Company v. U.S, ___F.3d___, Case No. 08-3237 (10th Cir. 2009).
Eleventh Circuit Holds U.S. Army Corps Abused Its Discretion in Granting CWA Permits for Limestone Mining within the Lake Belt Aquifer82
Sierra Club v. Van Antwerp, ___F.3d___, Case No. 09-10877 (11th Cir. Jan. 21, 2010).
Sixth Circuit Approves Clean Water Act Consent Decree Rejected by District Court84
U.S. v. Lexington- Fayette Urban County Government, 591 F.3d 484 (6th Cir. 2010).
District Court Gives U.S. Army Corps Approval for Deepening the Delaware River86
Delaware v. U.S. Army Corps of Engineers, ___F.Supp.2d___, Case No. 09-821-SLR (D. Del. Jan. 29, 2010).
District Court Denies EPA and Corps’ Motion for Transfer of Venue in Dispute over CwA Designation of ‘Traditional Navigable Waters’88
National Association of Home Builders v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 09-0548 (RMU) (D. D.C. 2009).
State:
New Jersey Appellate Division Finds Riparian Easement Remains Despite 20-Day Ownership by Dominant Estate90
McAdams v. Dagit Brothers Holding Company, Case No. L-4895-06 (N.J. App. Div. Feb. 17, 2010).
