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Eastern Water Law & Policy Reporter

December 2011

Volume 6, Number 11 December 2011

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).