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Eastern Water Law & Policy Reporter

May 2012

Volume 7, Number 5 May 2012

FEATURE ARTICLE

The More Things Change, the More they Stay the Same: New Round of Guidance Unlikely to Clarify Clean Water Act Jurisdiction by W. Parker Moore and Graham St. Michel, Beveridge and Diamond, P.C., Washington, D.C123

EASTERN WATER NEWS

Ohio Legislature Wrestles With Water Withdrawal Standards129

NRDC Report Claims 29 States Unprepared for Climate Change Water Impacts130

News From the West132

REGULATORY DEVELOPMENTS

Federal Agencies Receive Comments on Modified Definition of Endangered Species135 

Susquehanna River Basin Commission Proposes New Low Flow Protection Policy137

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions139

JUDICIAL DEVELOPMENTS

Federal:

Fifth Circuit Finds EPA’s Veto of the Yazoo Pump Station Was Proper under the Clean Water Act Section 404(c)141

Board of Mississippi Levee Commissioners v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 11-60302 (5th Cir. Mar. 6, 2012).

Seventh Circuit Holds Municipality’s Distribution of Contaminated Well Water Triggered Insurance Policies’ Pollution Exclusion143

Scottsdale Indemnity Co. v. Village of Crestwood, ___F.3d___, Case Nos. 11-2385, 11-2556, 11-2583 (7th Cir. Mar. 12, 2012).

Federal Circuit Upholds Strict Compliance with Judicial Conflict of Interest Rules145

Shell Oil Company and Atlantic Richfield Company v. U.S., ___F.3d___, Case No. 2010-5161 (Fed. Cir. Mar 7, 2012).

District Court Holds EPA Lacked the Authority to Revoke an Army Corps Authorized Clean Water Act Section 404 Permit147

Mingo Logan Coal Company v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 10-0541(D. D.C. Mar. 23, 2012).