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Eastern Water Law & Policy Reporter

April 2013

Volume 8, Number 4 April 2013


U.S. Department of Agriculture Report Highlights How Climate Change Impacts Present New Challenges to Agriculture99

News From the West101



U.S. Supreme Court Allows EPA to Exempt Logging Road Stormwater from Clean Water Act NPDES Permit Requirements104

Decker v. Northwest Environmental Defense Center, 568 U.S. ___, Case Nos. 11-338 and 11-347, Slip.Op. (Mar. 20 2013).

Fourth Circuit Finds CERCLA Divisibility Analysis Improper where Joint and Several Liability Did Not Apply to Claim106

AVX Corp. v. U.S., ___F.3d___, Case No. 11-1697 (4th Cir. Feb. 7, 2013).

Seventh Circuit Holds Justice Department Attorneys’ Work in CERCLA Litigation Subject to Work Product Privilege Protection even if Clients Are Different and Adverse, Federal Agencies107

Menasha Corporation v. U.S. Department of Justice, ___F.3d___, Case No. 12-1720 (7th Cir. Feb. 20, 2013).

Eleventh Circuit Finds Producer of Recovered Material Not Liable under RCRA even though the Material Was Not Ultimately Recycled109

Premier Associates, Inc. v. EXL Polymers, Inc., ___F.3d___, Case No. 12-10325 (11th Cir. Feb. 5, 2013).

District Court Finds No CERCLA Arranger Liability for Sale of Used Transformers because They Were Useful and Valuable111

Carolina Power & Light Company v. Alcan Aluminum Corporation, et al., ___F.Supp.2d___, Case No. 5:08-CV-463-FL (E.D. N.C. Feb. 1, 2013).

District Court Finds Plaintiffs’ Settlement with EPA Limited Them to CERCLA Section 113(f) Contribution Claims that Had Already Expired112

Hobart Corporation v. Waste Management of Ohio, Inc., ___F.Supp.2d___, Case Nos. 3:10-cv-195, 3:12-cv-213 (S.D. Ohio Feb. 8, 2013).

District Court Dismisses Plaintiff’s Clean Water Act and RCRA Citizen Suits for Notice Failures114

Kathleen Chute v. Montgomery County Shooting Complex, ___F.Supp.2d___, Case No. 3:12-cv-0776 (M.D. Tenn. Feb. 25, 2013).

District Court Clarifies Scope of Injunctive Relief for Collective Bargaining Agreements which Remove Barriers to Compliance with the Clean Water


U.S. v. City of Detroit, ___F.Supp.2d___, Case No. 77-71100 (E.D. Mich. 2013).

Court of Federal Claims Awards Damages to Water Districts for Breach of Water Supply Contracts . .118

Stockton East Water District v. U.S.; Central San Joaquin Water Conservation District v. U.S., ___F.Supp.2d___, Case No. 04-541L (Fed. Cl. Ct. Feb 28, 2013).


Texas Court of Appeals Allows Flood Damage Claims Based on Selection of Less-Protective Flood Protection Plan120

Harris County Flood Control District, et al. v. Kerr, et al., Case No. 01-11-00014 (Tex.App. 1st Dist. Mar. 7, 2013).