FEATURE ARTICLE
The Tucson Herpetological Society v. Salazar Decision and Its Progeny: A Move away from Blind Deference to Agency Decision-Making by K. Eric Adair and Rebecca R. Akroyd, Kronick, Moskovitz, Tiedemann 31
EASTERN WATER NEWS
Chesapeake Bay Foundation Issues Study to Show Bay Cleanup Will Stimulate Job Growth—Other Developments with the Bay Taking Shape37
National Water Research Institute Releases White Paper on Wastewater Reuse38
News From the West40
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions42
LAWSUITS FILED OR PENDING
Idaho Couple’s Clean Water Act Arguments Seemingly Well Received
by U.S. Supreme Court in Sackett v. U.S. Environmental Protection
Agency44
JUDICIAL DEVELOPMENTS
Federal:
District Court Dismisses State Law Claims on Notice Grounds—Denies Motion to Dismiss CERCLA and RCRA Claims48
Fitzgibbons v. City of Oswego, ___F.Supp.2d___, Case No. 5:10-CV-1038 (N.D. N.Y. Dec. 13, 2011).
U.S. Court of Federal Claims Rejects Takings Claim in the Context of Clean Water Act Permitting50
Mehaffy v. U.S., Case No. 09-8601, (Fed. Cl. Ct. Jan. 10, 2012).
District Court Holds State Complaint Which Does Not Pursue CWA Enforcement of Selenium Mining Limits Cannot Meet ‘Diligent Prosecution’ Requirements53
Ohio Valley Environmental Coalition, Inc. v. Patriot Coal Corporation, ___F.Supp.2d___, Case No. 3:11-0115 (S.D. W.V. Dec. 7, 2011).
State:
Another Setback for EPA’s Construction General Permit Numeric Effluent Limitation in the West May Portend Trouble in the East55
California Building Industry Association v. State Water Resources Control Board, Case No. 34-2009-80000338 (California Super. Ct., Sacramento County, Dec 2, 2011).
New York State Court Finds Construction of an Unpermitted Boat House Did Not Constitute a
Crime58
Grimditch v. Nardiello, Case No. 5527 (Essex County Ct. Jan. 5, 2012).
