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Eastern Water Law & Policy Reporter

November 2012

Volume 7, Number 10 November 2012


In a Curious Reversal, the Fifth Circuit Court of Appeals Holds that Army Corps Is Not Liable for Damages from Hurricane Katrina by Andrea Clark, Downey Brand, Sacramento, California279


Nation’s First Large Scale Commercial Wave Energy Device to Be Launched in 2013283

News from the West284


Recent Investigations, Settlements, Penalties and Sanctions286



D.C. Circuit Considers CERCLA Section 113(H) Bar to RCRA Claims Regarding Property/River Already Subject to EPA Action289

Anacostia Riverkeeper v. Washington Gas Light Company, ___F.3d___, Case 1:11-cv-01453-RMC (D.C. Cir. Sept. 24, 2012).

Sixth Circuit Finds Contract’s Retained Liabilities Clause Obligates Seller to Reimburse Buyer for Its RCRA Closure Costs291

Textileather Corporation v. GenCorp Inc., ___F.3d___, Case No. 10-3634 (6th Cir. Sept. 11, 2012).

District Court Finds Downgradient Property Owner Not Liable for Cleanup Costs, where Contaminating Property Owner Cleans Up an Independent Water Contamination Source293

Alprof Realty LLC v. The Church of Jesus Christ of Latter-Day Saints, unpub. dec, Case Nos. 09-CV-5190 (E.D. N.Y. Sept. 13, 2012).

District Court in Alabama Holds Failure of Adequate Notice Derails Clean Water Act Citizens Suit


Black Warrior Riverkeeper, Inc. v. Black Warrior Minerals, Inc., ___F.Supp.2d___, Case No. 7:11-CV-3301-SLB (N.D. Ala 2012).

Kentucky Coal Mining Decision by the District Court Upholds Permit Shield for General Permits, and Clarifies Surface Mined Land Regulatory Scope296

Sierra Club v. ICG Hazard, LLC, ___F.Supp.2d___, Slip Op., Case No. 11-148-GFVT (E.D. Ky Sept. 28, 2012).

District Court Finds Party Liable as an Arranger under CERCLA for the Intent to Dispose of PCBs Via a Demolition Contract298

U.S. v. Dico, Inc. and Titan Tire, ___F.Supp.2d___, Case No. 4:10-cv-00503 (S.D. Iowa Sept. 24, 2012).


New Jersey Supreme Court requires State Department of Environmental Protection to Prove a Nexus Between Discharge and Claimed Groundwater Damage300

New Jersey Department of Environmental Protection v. Dimant, 212 NJ 153 (N.J. Sept. 26, 2012).

Appellate Division Holds State of New Jersey Does Not Have to Abide by an Agreement to Limit the Public’s Access to the Beach302

New Jersey Department of Environmental Protection v. V. Lobi Enterprises, et al., Case No.: C-296-06 (N.J.App.Div. Sept. 28, 2012).