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Eastern Water Law & Policy Reporter

June 2010

Volume 5, Number 6 June 2010


‘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


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


Recent Investigations, Settlements, Penalties and Sanctions165


EPA Commits to Pollution Reduction Goals in Chesapeake Bay Case Settlement166


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).


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).