FEATURE ARTICLE
Federal Claims Court Holds United States Did Not ‘Take’ a Water District’s Property Interest by Requiring the District to Allocate Water to Benefit Endangered Species by Roderick Walston, Best, Best 63
EASTERN WATER NEWS
Obama Administration Releases for Public Review Its National Fish, Wildlife and Plants Climate Adaptation Strategy70
Ecosystem Based Coastal Management by the Feds Could Shake-Up and Alter State and Private Water Law Regimes71
Insurance Companies Operating in the States of New York, California and Washington Must Now Assess and Disclose Climate Change Risks74
News from the West75
LEGISLATIVE DEVELOPMENTS
Pennsylvania Approves Imposing Fee on Wells Dug For Natural Gas Production and Preempting Local Ordinances Regulating Well Location78
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions80
LAWSUITS FILED OR PENDING
U.S. Army Corps of Engineers Sued in South Carolina State Court over Savannah Harbor Expansion Project82
JUDICIAL DEVELOPMENTS
Federal:
District Court Finds Burford Abstention Does Not Apply to CWA Citizen Suit Limited to Enforcing Existing NPDES Permit Defendant Seeks to
Alter.84
West Highlands Conservancy v. Monongahela Power Company, ___F.Supp.2d___, Case No. 1:11cv71 (N.D. W.V. Jan 3, 2012).
Claims Court Strikes Down Takings Claim for Corps’ Denial of CWA Section 404 Fill Permit Because Applicants Failed to Address Alternative Sites86
Mehaffy v. U.S., Case No. 09-860L (Fed. Cl. Jan. 10, 2012).
State:
Maryland High Court Affirms Property Owners’ Right to Exclude the Public from Privately Owned Beach Land87
Clickner v. Magothy River Association, Case No. 13, September Term, 2011 (Md.App. Jan. 20, 2012).
New York State Court Rebuffs Attack on ‘Antifracking’ Ordinance90
Anschultz Exploration Corp. v. Town of Dryden, Case No. 2011-0499-M (N.Y. Sup. Ct. Feb. 21, 2012).
