EASTERN WATER NEWS
Pennsylvania Commission Sues Energy Producer over Alleged Coal Mine Discharges into West Virginia/Pennsylvania’s Dunkard Creek Causing Fish Kills243
Clean Water Act Section 401 Certifications a Tough Hurdle in Illinois . .244
News from the West245
FLOOD CONTROL AND LIABILITY UPDATE
Flood Control Management and Liability Update248
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions250
JUDICIAL DEVELOPMENTS
Federal:
D.C. Circuit Upholds General Vessel Discharge Permit against Challenges that EPA Did Not Provide Opportunity for Notice and Comment253
Lake Carriers’ Association v. U.S. Environmental Protection Agency, ___F.3d___, Case Nos. 09-1001, 09-1010, 09-1076, 09-1115 (D.C. Cir. 2011).
Ninth Circuit Holds a Citizen Suit under CERCLA Cannot Be Used to Enforce Violations of an EPA Administrative Order255
Pakootas v. Teck Cominco Metals, Ltd., ___F.3d___, Case No. 08-35951 (9th Cir. 2011).
District Court Holds CERCLA Section 107 Cost Recovery Is Only Recourse for Party Who Incurred Investigation and Remediation Costs Voluntar-
ily256
Queens West Development Corporation, et. al. v. Honeywell International Inc., ___F.Supp.2d___, Case No. 10–4876 (D. N.J. Aug. 17, 2011).
District Court Finds State Law Claims Not Preempted under CERCLA, but Dismisses Some on Other Grounds258
State of New York v. West Side Corp., ___F.Supp.2d ___, Case No. 07-CV-4231 (E.D. N.Y. 2011).
State:
Maryland Court of Special Appeals Upholds Poultry Litter Water Quality General Permit260
Assateague Coastkeeper, et al. v. Maryland Department of the Environment, Case No. 471, September Term 2010 (Md.App. Sept. 6, 2011).
New Hampshire Supreme Court Finds Ambiguity Creates Right of Access to Pond261
Austin v. Silver, Case No. 2010-534 (N.H. Sept. 15, 2011).
Texas Supreme Court Finds a Claim for Trespass May Exist with Subsurface Migration of Water Injected in Well Permitted by State Act263
FPL Farming Ltd. v. Environmental Processing Systems, L.C., Case No. 09-1010 (Tx. Aug. 26, 2011).
