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Eastern Water Law & Policy Reporter

August/September 2010

Volume 5, Number 8 August/September 2010

FEATURE ARTICLE

EPA Prescribes a ‘Pollution Diet’ for the Impaired Chesapeake Bay by Heidi P. Knight, William N. Sinclair, Pamela D. Marks, and Richard S. Davis, Beveridge 219

EASTERN WATER NEWS

American Rivers Releases 2010 Endangered Rivers Report225

News from the West227

LEGISLATIVE DEVELOPMENTS

Battle Lines Morph on Asian Carp and Chicago Waterways System—Proposed Legislation May Change the Game230

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions232

REGULATORY DEVELOPMENTS

EPA Publishes Coal Ash Regulations234

Pennsylvania Promulgates Tighter Total Dissolved Solids Standards to Address Impacts of Marcellus Shale Wastewater236

JUDICIAL DEVELOPMENTS

U.S. Supreme Court:

U.S. Supreme Court Treads into the Realm of ‘Judicial Takings’—Holds Beachfront Property Owners Are Not Entitled to Restored Beaches, Leaving the Primary Issue Unresolved238

Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, ___U.S.___, 130 S.Ct. 2592 (June 17, 2010).

District Court of Appeal:

District Court Finds EPA Pollution Limits Violate Clean Water Act; Vacatur Stayed to Mitigate Disruptive Effects241

Anacostia Riverkeeper, Inc. v. Jackson, ___F.Supp.2d___, Case No. 09-0098 (D. D.C. 2010).

District Court Denies Motion for Partial Summary Judgment in Suit against TVA Due to Discretionary Function Doctrine243

Crichton v. Tennessee Valley Authority, ___F.Supp.2d___, Case No. 3:09-CV-592 (E.D. Tenn. June 15, 2010).

Two U.S. District Courts Uphold Oklahoma Restrictions on Exported Water245

Tarrant Regional Water District v. Herrmann et al., ___F.Supp.2d___, Case No. CIV-07-0045-HE (W.D. Ok July 16, 2020); City of Hugo v. Nichols et al., ___F.Supp.2d___, Case No. CIV-08-303-JTM (E.D. Okla.).