FEATURE ARTICLE
Building a Better Bay through Litigation: National Association of Home Builders Files Suit Challenging the Chesapeake Bay Clean Water Act TMDL by Erica Zilioli, Esq., Beveridge 215
EASTERN WATER NEWS
Environmental Groups Serve 60-Day Notice on Kentucky Coal Mining Companies for Alleged Clean Water Act Violations219
Cities Consider Privatizing Water Systems in Difficult Times220
News From the West222
FLOOD CONTROL AND LIABILITY UPDATE
Flood Control Management and Liability Update224
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions226
JUDICIAL DEVELOPMENTS
Federal:
Eleventh Circuit Finds Army Corps Must Allocate Water for Atlanta228
Alabama v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 09-14657 (11th Cir. June 28, 2011).
First Circuit Holds Hydroelectric Facility Modifications Required FERC Approval Pursuant to the Federal Power Act230
L.S. Starrett Co. v. The Federal Energy Regulatory Commission, ___F.3d___, Case No. 10-1470 (1st Cir. June 15, 2011).
Ninth Circuit Finds Railroads Not Liable Pursuant to State or Federal Theories of Recovery For Groundwater Contamination under their Rail Tracks232
Redevelopment Agency of the City of Stockton v. BNSF Railway Company, ___F.3d___, Case Nos. 09-16585, 009-16739, 09-17640 (9th Cir. June 28, 2011).
District Court Dismisses Environmental Claims for Injunctive Relief in ‘Deepwater Horizon’ Gulf Oil Spill234
In re Oil Spill by the Oil Rig ‘Deepwater Horizon’ in the Gulf of Mexico, On April 20, 2010, ___F.Supp.2d____, Case No. MDL 2179 (E.D. La. 2011).
District Court Finds State Law Claims Not Preempted under CERCLA, but Dismisses Several Claims on Other Grounds236
State of New York v. West Side Corp., ___F.Supp.2d___, Case No. 07-CV-4231 (E.D. N.Y. June 3, 2011).
State:
New Jersey’s Water Quality Planning Act Withstands Regulatory Challenge238
In the Matter of the Adoption of N.J.A.C. 7.15-5.24 (b) and N.J.A.C. 7.15.-5.25 (e) (N.J.App.Div. June 29, 2011).
