EASTERN WATER NEWS
News from the West283
LEGISLATIVE DEVELOPMENTS
Congress Extends National Flood Insurance Program by One Year285
New York State Enacts Smart Growth Public Infrastructure Act286
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions288
REGULATORY DEVELOPMENTS
EPA Issues Draft Clean Water Act TMDL for Chesapeake Bay290
Illinois Tagged for ‘CAFO’ Shortcomings by the U.S. Environmental Protection Agency293
Texas Commission on Environmental Quality Rules for Carbon Sequestration Projects295
LAWSUITS FILED OR PENDING
Homeowners Petition U.S. Supreme Court to Bar Evidence of Wetland Impacts Obtained During Warrantless Search of Residential Property297
Tenth Circuit Denies Cherokee Nation’s Motion to Intervene in Tyson Case for CERCLA Violations in the Illinois River Watershed300
JUDICIAL DEVELOPMENTS
Fifth Circuit Holds Construction Company Was Not an ‘Arranger’ under CERCLA for Mistakenly Striking Pipeline302
Celanese Corporation v. Martin Eby Construction Company Inc., ___F.3d___, Case No. 09-20487 (5th Cir. Sept. 20, 2010).
Ninth Circuit Holds Clean Water Act Precludes Pre-enforcement Judicial Review of Compliance
Orders304
Sackett v. U.S. Environmental Proection Agency, ___F.3d.___, Case No. 35854 (9th Cir. Sept 17, 2010).
U.S. Bankruptcy Court Declines to Grant Priority Status to State’s Uninitiated Projected Response Costs at Debtor-Sold Facility305
In re Oldco M. Corporation, ___B.R.___, Case No. 09-13412 (Bankruptcy S.D. N.Y. Sept. 7, 2010).
