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Eastern Water Law & Policy Reporter

January 2011

Volume 6, Number 1 January 2011

FEATURE ARTICLE

Florida and Others File Suit to Block the U.S. Environmental Protection Agency’s Final Rule Setting Numeric Nutrient Limits under the Clean Water Act by John Fortuna and Lewis B. Jones, King 3

EASTERN WATER NEWS

Texas Water Development Board Issues December Report on the Progress of State Seawater Desalinization7

News from the West8

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions11

REGULATORY DEVELOPMEMTS

EPA Calls for Identification of Coastal Waters Impacted by Acidification, but Stops Short of Supporting Use of Clean Water Act to Address Greenhouse Gas Emissions13

Delaware River Basin Commission Releases Proposed Rules on Gas

Drilling15

LAWSUITS FILED OR PENDING

Same Pot of Soup—But for How Long? U.S. Supreme Court’s Denial of Miccosukee Water Transfer Case Leaves Unitary Waters Issue in Flux17

District Court Throws Cold Water on State Request for Asian Carp Injunction20

Residential Homebuilder Settles Alleged Clean Water Act Violations in 21 States21

JUDICIAL DEVELOPMENTS

Federal:

District Court Gives U.S. Army Corps Approval for Deepening the Delaware River; Appeal by Environmental Groups Expected23

Delaware v. U.S. Army Corps of Engineers, ___F.Supp.2d___, Case No. 09-821-SLR (D. Del. Nov. 16, 2010).

District Court Holds Dam Operator Not Liable for Alleged Impact to Endangered Species Act Protected Dwarf Wedge Mussel25

Elliott v. City of New York, ___F.Supp.2d___, Case No. 06-CV-296 (S.D. N.Y. Nov. 15, 2010).