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).
