FEATURE ARTICLE
‘Section 408’—Practical Implications and Case Studies (Part II) by Chris Elliott, P.E., Jones and Stokes, and Eric E. Nagy, P.E., HDR Engineering155
EASTERN WATER NEWS
Asian Carp Threat Remains Very Real as Government Agencies and the Private Sector Wrestle with Solutions in the Face of Economic Loss161
News from the West162
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions165
LAWSUITS FILED OR PENDING
EPA Commits to Pollution Reduction Goals in Chesapeake Bay Case Settlement166
JUDICIAL DEVELOPMENTS
U.S. Circuit Court of Appeals:
Second District Holds Mosquito-Control Dredging Activities Lawful under the Clean Water Act169
Peconic Baykeeper, Inc. v. Suffolk County, New York, ___F.3d___, Case No. 09-0097 (2nd Cir. 2010).
Seventh Circuit Enforces Pollution Exclusion in CGL Policy Concerning Groundwater Contamination Arising from Gasoline Leak171
West Bend Mutual Insurance Company v. United States Fidelity and Guaranty Company, ___F.3d___, Case No. 09-2519 (7th Cir. 2010).
U.S. District Court:
District Court Refuses to Stay Citizen Suit under the Clean Water Act Pending State Court Approval of Stipulated Agreement173
Domino v. Didion Ethanol, LLC, ___F.Supp.2d___, Case No. 09-CV-213-BBC (W.D. Wis. April 5, 2010).
District Court Finds Former Property Owner Not Liable for Contamination under RCRA or CWA Based on the Mere Presence of Pollutants175
Mervis Industries, Inc. v. PPG Industries, Inc, ___F.Supp.2d___, Case No. 1:09-cv-0633-SEB-JMS (S.D. Ind. 2010).
District Court Rejects Transfer of Delaware River Dredging Challenge177
New Jersey Department of Environmental Protection v. U.S. Army Corps of Engineers, Case No. 09-5591, ruling (D. N.J. April 26, 2010); Delaware Riverkeeper Network v. U.S. Army Corps of Engineers, Case No. 09-5589, ruling (D. N.J. April 26, 2010).
State:
Connecticut Supreme Court Finds Prescriptive Easement for Abutting Land Owner to Non-Navigable Water179
Frech v. Piontkowski, Case No. 18400 (Conn. May 4, 2010).
Wisconsin Court of Appeals Rules Public May Challenge State Department of Natural Resources’ Permit System Alleging Clean Water Act Violation181
Andersen et al. v. Wisconsin Department of Natural Resources, Case No. 2008AP3235 (Wis.App. April 13, 2010).
