FEATURE ARTICLE
U.S. Supreme Court to Hear Two Interstate Water Compact Disputes: A Preview of What’s to Come by Paul Noto, Esq. and Jason Groves, Patrick, Miller, Kropf and Noto, P.C., Aspen, Colorado67
EASTERN WATER NEWS
U.S. EPA Releases Strategic Report to Address Impacts of Climate Change on Water Resources73
New Report Highlights Threats of Climate Change to U.S. Coasts and Coastal Ecosystems75
News From the West77
REGULATORY DEVELOPMENTS
Anticipated New Steam-Electric Effluent Limitations and Cooling
Water Rules under the Clean Water Act Will Challenge Power and Coal Industry79
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions81
JUDICIAL DEVELOPMENTS
Federal:
Federal Circuit Finds Claims Court Improperly Rejected a Takings Claim Based on an Erroneous Relevant Parcel Determination in Connection with Corps 404 Permit Application83
Lost Tree Village Corporation v. U.S., ___F.3d___, Case No. 2012-5008 (Fed. Cir. Jan. 10, 2013).
District Court Holds CERCLA Liability Cannot Be Transferred and Absolved by Contract85
Cyprus Amax Minerals Co. v. TCI Pac. Communications, Inc., ___F.Supp.2d___, Case No. 11-CV-0252-JED-PJC (N.D. Okl. Jan. 22, 2013).
District Court Finds County Is Not a State for Purposes of Precluding a Citizen Suit Action under the Clean Water Act86
Kendall v. Thaxton Road LLC, ___F.Supp.2d___, Case No. 1:09-CV-3520-TWT (N.D. Ga. Jan. 18, 2013).
District Court Rejects Clean Water Act and RCRA Claims as Both Were Addressed in Tennessee State Chancery Court89
Starlink Logististics, Inc. v. ACC, LLC, ___F.Supp.2d___, Case No. 1:12-cv-0011 (M.D. Tenn. Jan. 17, 2013).
Federal Court of Claims Finds the U.S. Is Not Liable for Local Stormwater Management Taxes Assessed Prior to 201191
DeKalb County v. U.S., ___F.Supp.2d___, Case No. 11-171C (Fed. Cl. Jan. 28, 2013).
State:
Massachusetts Supreme Court Addresses Dispute between Neighbors with 172-Year History of Shared Beach Access93
White v. Hartigan, Case No 11072 (Mass. Feb. 8, 2013).
