FEATURE ARTICLE
A Watershed Moment for the TMDL Program or the Erosion of the Rulemaking Process? by Parker Moore and Richard Davis, Beveridge and Diamond, P.C., Washington D.C303
EASTERN WATER NEWS
News from the West307
FLOOD CONTROL DEVELOPMENTS
Flood Control Management and Liability Update309
REGULATORY DEVELOPMENTS
EPA Region V Approves Chicago River Recreational Use Designation Standards313
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions314
LAWSUITS FILED OR PENDING
The Chicago River Wars Continue—Seventh Circuit Rules on Asian Carp Injunctive Relief316
JUDICIAL DEVELOPMENTS
Circuit Court of Appeals:
Third Circuit Vacates District Court Abstention-Based Dismissal of RCRA and CWA Citizen Suits318
Raritan Baykeeper v. NL Industries, Inc., ___F.3d___, Case No. 10-2591 (3rd Cir. Oct. 3, 2011).
Tenth Circuit Denies District Attorney’s Citizen Suit Based On a Lack of Standing under the Clean Water Act320
Thiebaut v. Colorado Springs Utilities, ___F.3d___, Case No. 10-1471 (10th Cir. Oct.12, 2011).
District Court:
District Court Dismisses Strict Product Liability and Negligent Misrepresentation Claims Against Environmental Engineers In CERCLA Suit321
Bancorpsouth Bank v. Environmental Operations, Inc., et al., ___F.Supp.2d___, Case No. 4:11CV9 HEA (E.D. Mo. Oct. 11, 2011).
EPA’s Enhanced Coordination Process Overturned by District Court323
National Mining Association v. Jackson, ___F.Supp.2d ___, Case Nos. 10-1220, 11-0295, 11-0446, 11-0447 (D. D.C. Oct. 6, 2011).
District Court Finds the ESA Does Not Require the Fish and Wildlife Service to Regulate Green House Gas Emissions to Protect the Polar Bear325
In re Polar Bear Endangered Species Act Listing and § 4(d) Rule Litigation, ___F.Supp.2d___, Misc. Case No. 08-764 (EGS), MDL Docket No. 1993, memorandum opinion (D. D.C. Oct. 17, 2011).
District Court Finds Triable Issue of Fact Regarding a ‘Release’ in Broken Physical Barrier to Hazardous Substances under CERCLA326
Saline River Properties, LLC v. Johnson Controls Inc., ___F.Supp.2d___, Case No. 10-10507 (E.D. Mich. Oct. 17, 2011).
