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Eastern Water Law & Policy Reporter

July 2010

Volume 5, Number 7 July 2010

FEATURE ARTICLE

Science Advisory Board Recommends Overhaul of EPA Nutrient Criteria Guidance by Jennifer Abdella, Beveridge & Diamond, P.C., Washington,

D.C.187

EASTERN WATER NEWS

City of Nashville Experiences a 1,000-year Flood192

News from the West194

LEGISLATIVE DEVELOPMENTS

House Energy Committee Approves the ‘Assistance, Quality, and Affordability Act of 2010,’ Reauthorizing the Drinking Water State Revolving

Fund197

New Federal Bills Propose to Temporarily Extend National Flood Insurance Program, Add Wind Protection199

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions200

REGULATORY DEVELOPMEMTS

Stirring the Pot—EPA Wants Recreational Uses and Water Quality Better Addressed for the Chicago River202

EPA’s Final Greenhouse Gas Rule Requires Biomass Facilities to Obtain Permits for their CO2 Emissions203

JUDICIAL DEVELOPMENTS

Federal:

District Court Declines Jurisdiction over Clean Water Act/RCRA Citizens Suit205

Raritan Baykeeper, Inc. v. NL Indus., Inc., ___F.Supp.2d___, Case No. 09-4117 (D. N.J. May 26, 2010).

A Foie Gras ‘CAFO’ is Enjoined and Penalized for Clean Water Act Violations207

The Humane Society of the United States v. Hudson Valley Foie Gras, LLC., ___F.Supp.2d___, Case No. 06 CV 6829, (S.D. N.Y. May 6, 2010).

District Court Holds Municipality’s Claims for Cleanup Damages Failed on Time Limitations and Could Not Be Saved by Other Theories210

Village of Depue, Illinois v. Viacom International, Inc., et al., ___F.Supp.2d___, Case No. 08-cv-1272; 08-cv-1273 (C.D. Ill. May 12, 2010).

District Court Finds that PRP May Seek CERCLA Section 107 Claims from Third Party Despite Previous Unsuccessful Section 113 Claims by the Government212

U.S. v. Pharmacia Corporation et al., ___F.Supp.2d___, Case No. 99-63-GPM (S.D. Ill. May 12, 2010).