FEATURE ARTICLE
Activists Suit Seeking to Challenge State Water Quality Certifications Likely to Fall Short by Parker Moore and Richard Davis, Beveridge and Diamond, P.C., Washington, D.C.3
EASTERN WATER NEWS
American Society of Civil Engineers Commissioned Report Paints Bleak Economic Outlook of Aging U.S. Water Infrastructure7
News From the West9
FLOOD CONTROL DEVELOPMENTS
Flood Control Management and Liability Update11
REGULATORY DEVELOPMENTS
At Sea: New Vessel General Permit Proposed for Ships in U.S. Waters13
U.S. EPA Announces Multi-Site Clean Water Act Settlement against the Largest Diversified Supplier of Construction Materials in the United
States15
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions17
JUDICIAL DEVELOPMENTS
Federal:
Third Circuit Finds Wetlands Fall within the CWA’s Jurisdiction if they Meet either the ‘Plurality’ or ‘Significant Nexus’ Test under Rapanos19
U.S. v. Donovan, ___F.3d___, Case No. 10-4295 (3rd Cir. Oct. 21, 2011).
District Court Denies Protective Order Regarding Medical Records in Medical Monitoring Case Involving Hydraulic Fracturing of Natural Gas Wells21
Fiorentino v. Cabot Oil & Gas Corporation, ___F.Supp.2d___, Case No. 09-2284 (M.D. Pa. Nov 1, 2011).
District Court Agrees that Alabama and Louisiana’s Claims For Civil Penalties under State Law Are Preempted by the Clean Water Act22
In re Oil Spill by the Oil Rig ‘Deepwater Horizon’ in the Gulf of Mexico, on April 20, 2010, ___F.Supp.2d___, Case MDL 2179 (E.D. La. Nov. 14, 2011).
District Court Denies Motion to Intervene in 34-Year Old Clean Water Act Case as Untimely24
U.S. v. City of Detroit, ___F.Supp.2d___, Case No. 77-71100 (E.D. Mich. Nov. 18, 2011).
State:
New Hampshire Supreme Court Finds Towns Have Authority to Regulate Pond Height through Beaver Dams26
Morrissey, et al v. Town of Lyme, Case No. 2010-661 (NH 2011).
