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Eastern Water Law & Policy Reporter

October 2012

Volume 7, Number 9 October 2012


Drinking Water: Still Good The Second Time Around? Is Recycled Water Safe to Drink? by Eileen M. Nottoli, Allen Matkins Leck Gamble Mallory 247


Is the Future of the U.S. Army Corps of Engineer’s Nationwide Permit Program Endangered?—Notice of Intent Filed to Sue Corps over Program Conflict with the ESA252

Settlement Appears Imminent in Kentucky Arch Coal Clean Water


News from the West256


U.S. Army Corps of Engineers Declares Nation’s Second Most Vulnerable Levee System, California’s Central Valley System, ‘Unacceptable’259

EPA Addresses Harmful Algae Blooms in Great Lakes Watersheds260


Recent Investigations, Settlements, Penalties and Sanctions262


Circuit Court of Appeals:

Ninth Circuit Rejects Grand Canyon Trust’s Appeal Regarding the Bureau’s Annual Operating Plans for the Glen Canyon Dam265

Grand Canyon Trust v. U.S. Bureau of Reclamation, ___F.3d___, Case No. 11-16326 (9th Cir. Aug. 13, 2012).

Seventh Circuit Finds Contamination Site Harm Not Divisible with Only Weak Correlation to the Amount of PCBs Discharged267

U.S. v. NCR Corporation, ___F.3d___, Case No. 12-2069 (7th Cir. 2012).

District Court:

District Court Holds Political Question Doctrine Not Implicated where Claims Clash With State Law Derived from Federal Regulator’s Rules269

In Re Motor Fuel Temperature Sales Practices Litigation, ___F.Supp.2d___, Case No. 2:07-md-01840 (D. Kan. Aug. 8, 2012).

District Court Finds Assumption of Environmental Liability under Plain Language of Asset Purchase Agreement271

Lockheed Martin Corporation v. Goodyear Tire & Rubber Company, ___F.Supp.2d___, Case No. 5:10 CV 673 (N.D. Ohio Aug. 15, 2012).