EASTERN WATER NEWS
EPA Provides Progress Report for Ongoing Study of Hydraulic Fracturing’s Impacts on Drinking Water35
News from the West37
REGULATORY DEVELOPMENTS
NOAA Issues Proposal to List 66 Coral Species under the Endangered Species Act—Ocean Temperature Rise and Acidification Implicated39
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions41
RECENT FEDERAL DECISIONS
U.S. Supreme Court:
U.S. Supreme Court Holds that Temporary or Recurrent Flooding Is Not Categorically Exempt from Constitutional Takings Clause Liability43
Arkansas Game and Fish Commission v. U.S., Case No. 11-597, 568 U.S. ______ (U.S. 2012).
U.S. Supreme Court Reverses Ninth Circuit and Reaffirms Water Transfer Precedent45
Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc., ___U.S.___, Case No. 11–460 (U.S. Jan. 8, 2013).
Circuit Court of Appeals:
Seventh Circuit Upholds Protection of Consultant Reports under FOIA Exemption for Work Product46
Appleton Papers, Inc. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-2273 (7th Cir. Dec. 26, 2012).
Fourth Circuit Finds Golf Course Water Features Are Not Waters of the United States Triggering CWA Jurisdiction48
Deerfield Plantation Phase II-B Property Owners Association v. U.S. Army Corps of Engineers, ___F.3d___, Case Nos. 11-1871, 11-2253 (4th Cir. Dec. 26, 2012).
Second Circuit Finds Continuing-Coverage Provision in Insurance Policies Obligates Excess Insurer
to Indemnify Insured for 21 Years of Contamina-
tion50
Olin Corp. v. American Home Assurance Co., ___F.3d___, Case No. 11-4055-CV (2nd Cir. Dec. 19, 2012).
District Court:
District Court Decision Supports CWA Challenge Based upon Failure of One of the Joint Permitees to Comply with Storm Water Management Plans52
Citizens for Pennsylvania’s Future v. Pittsburg Water & Sewer Authority and City of Pittsburg, ___F.Supp.2d___, Case No. 12-943 (W.D. Penn. Dec. 3, 2012).
District Court Holds Clean Water Act Conviction for Providing False Reports to Environmental Agencies Not Subject to Reconsideration53
Hagerman v. U.S., ___F.Supp.2d___, Case No. 1:10-cv-272-LJM-DKL (S.D. Ind. Dec. 20, 2012).
District Court Finds Battle between Neighbors Is an Example of the Limits of the Clean Water Act’s
Reach55
Parker v. Carey, ___F.Supp.2d___, Case No. 12-4267 (D. Penn. Dec. 12, 2012).
District Court Holds Virginia Wins Suit over EPA Clean Water Act TMDL Authority to Regulate Stormwater56
Virginia Department of Transportation v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 1:12-CV-775 (E.D. Va. Jan. 3, 2013).
District Court Holds Clean Water Act Citizen Suit Fails Due to Insufficient Evidence of Discharge58
Waterkeeper Alliance, Inc. v. Hudson, ___F.Supp.2d___, Case No. WMN-10-487 (D. Md. Dec. 20, 2012).
