FEATURE ARTICLE
Will the U.S Environmental Protection Agency and Army Corps of Engineers Amend the Definition of ‘Fill Material’ to Put the Pressure on Mountaintop Mining? by Richard S. Davis and Graham St. Michel, Beveridge and Diamond, P.C., Washington, D.C91
EASTERN WATER NEWS
International Joint Commission Report on Great Lakes Water Quality Calls for Comprehensive Study and Governance Changes95
Environmental Groups File Notice of Intent for Citizen Suit against Kentucky Coal Mining Company over Alleged Clean Water Act Violations96
News from the West98
LEGISLATIVE DEVELOPMENTS
The U.S. Senate and California Assembly Introduce Bills to Limit Chromium 6 in Drinking Water100
FLOOD CONTROL AND LIABILITY UPDATE
Flood Control Management and Liability Update102
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions104
JUDICIAL DEVELOPMENTS
Circuit Court of Appeals:
Ninth Circuit Holds Timber Company Has Standing to Challenge EPA Decision Keeping Watershed on Clean Water Act 303(D) List107
Barnum Timber Co. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-17715 (9th Cir. Feb. 3, 2011).
First Circuit Overturns District Court’s Dismissal of RCRA Action on Burford Abstention Grounds . .109
Chico Service Station Inc. v. Sol Puerto Rico Limited, ___F.3d___, Case No. 10-1200 (1st Cir. 2011).
Federal Circuit Rules in Klamath Case Involving U.S. Bureau of Reclamation on Takings Claims111
Klamath Irrigation District et al. v. U.S., ___F.3d___, Case No. 2007-5115 (Fed. Cir. Feb. 17, 2011).
Third Circuit Finds EPA’s Common Control Decision Not Ripe for Judicial Review113
Ocean County Landfill Corp. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 09-2937 (3rd Cir. Feb. 2, 2011).
