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Eastern Water Law & Policy Reporter

April 2010

Volume 5, Number 4 April 2010

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).