FEATURE ARTICLE
‘Section 408’—Changing the Landscape of Flood Management Planning by Eric E. Nagy, P.E., HDR Engineering and Chris Elliott, Jones and Stokes.127
EASTERN WATER NEWS
Asian Carp Still Roiling the Waters—Even as U.S. Supreme Court Denies Michigan’s Motion to Close Chicago Area Shipping Locks131
News from the West132
REGULATORY DEVELOPMENTS
International Maritime Organization Adopts Proposal—Designates U.S. Coastlines as an Emissions Control Area135
EPA Clean Water Act Settlement and Consideration of New Guidance Signals Potential New Strategy for Groups Seeking GHG Regulation136
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions139
LAWSUITS FILED OR PENDING
Maryland Sues to Stop Coal Ash Pollution of Ground and Surface
Waters141
JUDICIAL DEVELOPMENTS
Circuit Court of Appeals:
Third Circuit Vacates CERCLA Cost Recovery Judgment—Finding in Part that a Previous Settlement Limited Suit to a Contribution Action143
Agere Systems, Inc. v. Advanced Environmental Technology, ___F.3d___, Case No. 02-cv-3030 (3rd Cir. April 12, 2010).
District Court:
District Court Adopts a State Administrative Agreement as a Trigger for a Three-Year Statute of Limitations to CERCLA Contribution Actions145
Chitayat v. Vanderbilt Associates, ___F.Supp.2d___, Case No. 03-5314 (E.D. N.Y. March 22, 2010).
District Court Imposes Sweeping Injunction to Address Phosphorus Pollution in the Florida Ever-
glades.147
Miccosukee Tribe of Indians of Florida v. U.S., ___F.Supp.2d___, Case No. 04-21488
(S.D. Fla. April 14, 2010).
State Court:
In Condemnation Action, New York State Supreme Court Addresses Valuation Issues of Wetlands150
In the Matter of Application of the City of New York Re Acquiring Title in Fee Simple (Lemon Creek/Sandy Brook Staten Island Bluebelt System), Case No. Cy2760/95 (N.Y. Supr. Ct. 2010).
