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Eastern Water Law & Policy Reporter

February 2011

Volume 6, Number 2 February 2011


News from the West31


New Federal Legislation Requires Federal Agencies to Comply with Clean Water Act Storm Water Fee Requirements34


Recent Investigations, Settlements, Penalties and Sanctions36


Federal Agencies on Rapanos Go Round and Round: Third Joint Guidance from EPA and U.S. Army Corps to Be Issued38

EPA Uses Veto Power to Declare West Virginia Coal Mine Permit Unacceptable under the Clean Water Act40


Circuit Court of Appeals:

Seventh Circuit Holds Settlement of Groundwater Contamination/Diminution in Property Value Action Cannot Bar Subsequent CERCLA Section 113(b) Contribution Claim43

Arrow Gear Company v. Downers Grove Sanitation District, ___F.3d___, Case No. 09-4030 (7th Cir. Dec. 10, 2010).

First Circuit Affirms Federal Enforcement under RCRA of U.S. EPA-Approved State Hazardous Waste Regulations45

U.S. v. Southern Union Company, ___ F.3d___, Case No. 09-2403 (1st Cir. Dec. 22, 2010).

District Court:

District Court Finds Environmental Groups Lack Standing to Challenge the Corps’ Dredging of the Delaware River47

New Jersey Department of Environmental Protection v. U.S. Army Corps of Engineers, ___F.Supp.2d___, Case No.09-5591 (D. N.J. Jan. 13, 2011).

District Court Holds Admission of Liability Not a Prerequisite to Bring a CERCLA Contribution Ac-


U.S. v. Kramer, ___F.Supp.2d___, Case Nos. 89-4340, 89-4380 (D. N.J. Dec. 9, 2010).

Bankruptcy Court:

Potentially Responsible Parties Fail in Contribution Claim Against Debtor Owing Billions on the Kalamazoo River Cleanup51

In re Lyondell Chemical Company, Case No. 09-10023 (S.D. N.Y. Bankruptcy Jan. 4, 2011).


Massachusetts State Appellate Court Finds Town’s Action in Sewer Assessment on Developer an Illegal Tax53

Denver Street v. The Town of Saugus, Case No.09-P2031 (Mass.App. Jan. 6, 2011).