EASTERN WATER NEWS
EPA to Study Potential Drinking Water Impacts of Hydraulic Fractur-
ing59
Major Great Lakes Water Resources Pilot Study Released60
News from the West62
LEGISLATIVE DEVELOPMENTS
New Legislation Requires Federal Agencies to Comply with Storm Water Fees63
State of Texas Bills Would Reward Water Stewardship through Tax Incen-
tive66
FLOOD CONTROL DEVELOPMENTS
Flood Control Management and Liability Update68
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions69
LAWSUITS FILED OR PENDING
State of Florida and Others Sue to Block EPA Rule Setting Numeric Nutrient Limits under the Clean Water Act71
JUDICIAL DEVELOPMENTS
Federal:
Fourth Circuit Finds Environmental Plaintiffs Had Clean Water Act Standing but Deficient Notice to Support Most of their Claims74
Friends of the Earth, Inc. v. Gaston Copper Recycling Corp., ___F.3d___, Case No. 06-1714 (4th Cir. Jan. 5, 2011).
Fourth Circuit Wades In—Applying the Rapanos ‘Significant Nexus’ Test for Clean Water Act Jurisdiction to Wetlands Adjacent to Nonnavigable Tributaries76
Precon Development Corp. v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 09-2239 (4th Cir. Jan. 25, 2011).
D.C. Circuit Affirms EPA’s Application of Hazard Ranking System for Inclusion of Magnesium Plant on the National Priorities List79
US Magnesium, LLC v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 09-1269 (D.C. Cir. Jan. 14, 2011).
District Court Finds Plaintiffs Lack Evidence of Economic Loss to Enjoin EPA’s Enhanced Permitting Process81
National Mining Association v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 10-1220 (D. D.C. Feb. 8, 2011).
State:
Wisconsin Court of Appeals Finds CGL Insurance Policy Provides Limited Coverage for EPA Cleanup Costs83
Watertown Tire Recyclers, LLC v. Nortman and Robertson Ryan & Associates, Inc., ACE Property and Casualty Insurance Co., Case No. 2010AP305 (Wis.App. Jan. 20, 2011).
