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Eastern Water Law & Policy Reporter

March 2013

Volume 8, Number 3 March 2013


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


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


Anticipated New Steam-Electric Effluent Limitations and Cooling

Water Rules under the Clean Water Act Will Challenge Power and Coal Industry79


Recent Investigations, Settlements, Penalties and Sanctions81



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).


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).