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Eastern Water Law & Policy Reporter

July 2011

Volume 6, Number 7 July 2011

EASTERN WATER NEWS

EPA Issues Directive to Illinois on Chicago River Water Quality183

News from the West184

FLOOD CONTROL DEVELOPMENTS

Federal Agencies Come under Criticism for Management of Flood Insurance Program and Flood Control Decisions187

REGULATORY DEVELOPMENTS

EPA Upholds Permit for Massachusetts Wind Farm189

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions191

LAWSUITS FILED OR PENDING

Mining Company Files ‘Takings’ Claim in Federal Claims Court Based on EPA’s CERCLA Cleanup Actions.194

JUDICIAL DEVELOPMENTS

Federal:

First Circuit Affirms FERC Orders Requiring Licensing of Hydroelectric Facility Operating at Power Generation Levels Below Those Previously Approved197

L.S. Starrett Company v. Federal Energy Regulatory Commission, ___F.3d___, Case No. 10-1470 (1st Cir. June 15, 2011).

Ninth Circuit Finds Stormwater Runoff From Logging Roads Is a Point Source Discharge Requiring a Clean Water Act NPDES Permit199

Northwest Environmental Defense Center v. Brown, ___F.3d___, Case No. 07-35266 (9th Cir. May 17, 2011).

First Circuit Sidesteps Federal Preemption Issue in Holding that Federal Agencies Must Comply with Required NEPA Analyses201

U.S. v. Coalition for Buzzards Bay, ___F.3d___, Case Nos. 10-1664, 10-1668 (1st Cir. May 17, 2011).

District Court Finds Consent Decree Covering ‘All Pollutants’ Does Not Bar CWA Citizen Suit Alleging Violations of a Specific Pollutant203

Ohio Valley Environmental Coalition, Inc. v. Independence Coal Company, Inc., ___F.Supp.2d___, Case No. 3:10-CV-00836 (S.D. W. Va. May 20, 2011).

State:

Connecticut High Court Finds Local Town Zoning Does Not Regulate Dock in Harbor206

Jerome Rapoport v. The Zoning Board of Appeals of the City of Stamford, Case No. 18439 (Conn. May 24, 2011).

State Appeals Court Remands Louisiana General NPDES Permit for Oil and Gas Rigs in the Gulf of Mexico208

In the Matter of: General Permit for Discharges from Oil & Gas Exploration, Development & Production Facilities, Permit Number LAG260000, Case No. 2010 CA 1640 (L.A. App. June 10, 2011).