FEATURE ARTICLE
Twenty-Seven Years Later, Are We Closer to Fishable and Swimmable Waters? A Response to EPA’s Proposed Rulemaking to Revise Water Quality Standards Regulation by Felix S. Yeung, Esq., Beveridge 251
EASTERN WATER NEWS
News from the West257
REGULATORY DEVELOPEMEMTS
Environmental Protection Agency Seeks Information on Hydraulic Fracturing260
EPA Studies Suggesting Adverse Groundwater Impacts from Carbon Sequestration May Impact Its Use as a Mechanism for Controlling Greenhouse Gas Emissions262
Chesapeake Bay States Release Draft Watershed Implementation Plans . .264
LAWSUITS FILED OR PENDING
Environmental Organizations File Suit against EPA to Address Cape Cod’s Nitrogen Pollution Problem267
The States Michigan, Pennsylvania, Minnesota, Ohio and Wisconsin File Suit Seeking Affirmative Injunctive Relief in the Form of Asian Carp Fish Kills and Lock Closures268
JUDICIAL DEVELOPMENTS
Federal:
D.C. Circuit Reject’s Constitutional Challenge to EPA’s Unilateral Administrative Order Scheme270
General Electric Co. v. U.S. Environmental Protection Agency, 610 F.3d 110 (D.C. Cir. 2010).
EPA Enters into Consent Decree in District Court to Upgrade Oil Pipeline in the Face of Clean Water Act Violations272
U.S. v. Plains All American Pipeline, Case No. 4:10-cv-2833, consent decree, Aug. 10, 2010 (S.D. Tex.).
State:
Connecticut Court Holds Failure to Obtain Appropriate Permits Does Not Preclude Entitlement to Prescriptive Easement for Beach Access273
Barbara Murphy v. EAPWJP, LLC, 123 Conn.App. 316 (Conn.App. Aug. 17, 2010).
Massachusetts Supreme Court finds No Taking Claim Due to Agency Authority to Protect State Water Resources275
Blair v. Massachusetts Department of Conservation and Recreation, 457 Mass. 634, 932, N.E.2d. 267 (Mass. Aug. 26, 2010).
New York Appellate Division Decision Finds Riparian Right Cannot Unduly Impinge upon Dock Owner Rights277
Kerns v. Thilburg, 76 A.3d. 705 (N.Y.App.Div. Aug. 31, 2010).
