FEATURE ARTICLE
Litigaton under the ESA—Of Fish, Water Supply, Agency Discretion and the Debate over Short Versus Long Term Solutions by Christina J. Bruff, Esq, Law 95
EASTERN WATER NEWS
Advocacy Group Study Concludes That the Economic Benefit of Levees Outweighs the Costs of Potential Floods.101
Obama Administration Policies Demonstrate National Commitment for Transparency and Public Outreach for Water Resource Projects102
News from the West105
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions107
REGULATORY DEVELOPMENTS
Petition to Reduce Sea Ice Carbon Looks to Combat Climate Change through the Clean Water Act110
LAWSUITS FILED OR PENDING
The Asian Carp Saga Continues—With the U.S. Army Corps at the Center of the Battle, the U.S. Supreme Court Denies a Second Application to Close the Chicago Area Waterways System112
JUDICIAL DEVELOPMENTS
Federal:
Cease Fire Called in Coal Mining Stream Buffer Zone Litigation114
Coal River Mountain Watch v. Kempthorne, Case No. 1:08-cv-02212 (D. D.C. 2010).
District Court Determines that Cost Recovery under CERCLA Section 107(A) Applies to Decommissioning and Remediation of Strontium-90 Contamin-
tion115
Commonwealth of Pennsylvania v. Lockheed Martin Corporation, ___F.Supp.2d___, Case No. 1:09-CV-0821 (M.D. Pa. Feb. 1, 2010).
District Court Holds a Clean Water Act Claim Cannot Be Premised on the Possibility that a Pollutant Might End up in Navigable Waters118
George v. Reisdorf Bros., Inc., ___F.Supp.2d___, Case No. 08-CV-00424(M), slip op. (W.D. N.Y. Feb. 10, 2010).
District Court Finds that Poultry Litter Is Not a ‘Solid Waste’ under the Resource, Conservation and Recovery Act120
State of Oklahoma, v. Tyson Foods, Inc., et al., ___F.Supp.2d___, Case No. 05-CV-329-GFK (N.D. Ok, Feb. 17, 2010).
