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Eastern Water Law & Policy Reporter

September 2012

Volume 7, Number 8 September 2012


A Picture Perfect? EPA’s Integrated Municipal Stormwater and Wastewater Planning Approach Framework by Erica M. Zilioli, Esq., Beveridge and Diamond, P.C., Washington, D.C215


National Flood Insurance Program Finally Reauthorized220

North Carolina Bill Becomes Law, Preventing Consideration of Accelerating Sea-Level Rise221

News From the West222


Recent Investigations, Settlements, Penalties and Sanctions225


Texas Water Supply Agency Asks U.S. Supreme Court to Strike Down Oklahoma Laws Restricting Out-Of-State Water Exports—Supreme Court Asks Solicitor General’s Office to Comment227



U.S. Supreme Court Finds Sixth Amendment Requires Jury to Determine Factual Basis For RCRA Criminal Penalties230

Southern Union Company v. U.S., ___U.S.___, Case No. 11-94 (June 21, 2012).

Clean Water Act and Other Authority of U.S. Army Corps of Engineers to Dredge for Navigation Examinded and Affirmed by Third Circuit Court of Appeals232

Delaware Department of Natural Resources v. U.S. Army Corps of Engineers, 685 F.3d 259, (3rd Cir. 2012).

Fourth Circuit Vacates Corps’ Permit for Construction of Boat Facilities in National Wildlife Refuge Wetlands Area Issued on FONSI234

Friends of Back Bay v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 11-1184 (4th Cir. June 18, 2012).

First Circuit Finds Duty to Defend Private Contribution Action which Alleges Groundwater and Property Damage Was Discoverable in the Exercise of Reasonable Diligence235

Travelers Casualty and Surety Company v. Providence Washington Insurance Company Inc., ___F.3d___, Case No. 11-2193 (1st Cir. July 11, 2012).

Fourth Circuit Finds the National Resources Conservation Service Took a ‘Hard Look’ at the Environmental Impacts of a Proposed Dam Project237

Webster v. U.S. Department of Agriculture, ___F.3d___, Case No. 11-1739 (4th Cir. July 13, 2012).

District Court Considers CERCLA Section 113(H) Bar to Claims Regarding Property Already Subject to EPA Action240

Phillips 66 Pipeline LLC v. Rogers Cartage Company, ___F.Supp.2d___, Case No. 11-cv-497-DRH-DGW (S.D. Ill. July 11, 2012).


Pennsylvania Appellate Court Finds Local Water Authority Is Empowered to Take Private Land for Public Sewerage Treatment Facility242

Reading Area Water Authority v. Schuylkill River Greenway Association and Bern Township, Case No.1423 (Common. Ct. of Penn. July 30, 2012).