FEATURE ARTICLE
The Committee on National Levee Safety Roadshow: Is It More than a Chance to Preach to the Choir? by Scott L. Shapiro, Esq., Downey Brand, LLP, Sacramento, California313
EASTERN WATER NEWS
EPA Region 5 Emergency Responses to Michigan/Illinois Oil Spills Get Concerted Effort318
Unusual Comment Letter Submitted on U.S. Army Corps’ Vegetation Pol-
icy319
News from the West322
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions324
REGULATORY DEVELOPMENTS
U.S. Army Corps Reverses Decision Regarding ‘Spectre’ Wetlands Clean Water Act Jurisdiction in South Carolina326
EPA Environmental Appeals Board Applies Rapanos’ Significant Nexus Standard—Finds Wetlands Subject to Clean Water Act Jurisdiction328
FEMA Withdraws Controversial Maine Flood Maps in Face of Appeal330
LAWSUITS FILED OR PENDING
Federal Judge Orders Review of Polar Bear’s Threatened Status under Endangered Species Act332
In re Polar Bear Endangered Species Act Listing and 4(d) Rule Litigation, Case No. 08-764, Docket No. 1 (D. D.C.).
JUDICIAL DEVELOPMENTS
Circuit Court of Appeals:
Fourth Circuit Affirms State Must Obtain NPDES Permit for Abandoned Mine Discharges333
West Virginia Highlands Conservancy, Inc. v. Huffman, No. 09-1474, F.3d___, (4th Cir. Ct. Nov. 8, 2010).
Eleventh Circuit Holds District Court Violated Separation of Powers Doctrine by Ordering EPA Administrator to Personally Appear in Court335
In re USA, U.S. Environmental Protection Agency, ___F.3d___, Case No. 10-14535 (11th Cir. Oct. 28, 2010).
District Court:
District Court Fnds Standing for Clean Water Act Citizen Suit Despite Defendant’s Prior Consent Agreement with State of Pennsylvania337
Pennenvironment, et al. v. RRI Energy Northeast Management Company, ___F.Supp.2d___, Case No. 07-475 (W.D. Penn. 2010).
State:
New York State Court Finds Water Districts Prevail in Nuisance Claims against Gas Distributor for Its Use of MTBE339
In Re Matter of Nassau County Consolidated MTBE “Methyl Tertiary Butyl Ether” Products Liability Litigation, Case No. 601516/2009 (N.Y. Supreme Ct, Nassau Cnty, Nov. 4, 2010).
