FEATURE ARTICLE
U.S. Supreme Court Holds that Stormwater Discharges from Logging Roads Fall Outside Permit Requirements by Meline G. MacCurdy, Esq., Marten Law, Portland, Oregon159
EASTERN WATER NEWS
U.S. Senate Approves First Water Resources Development Act Since
2007164
News From the West165
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions168
JUDICIAL DEVELOPMENTS
Federal:
Fourth Circuit Holds that CERCLA Apportionment Cannot Result in a Zero Share of Liability170
Ashley II of Charleston LLC v. PCS Nitrogen Incorporated, ___F.3d___, Case No. 11-1662 (4th Cir. Apr. 4, 2013).
D.C. Circuit Finds Energy Industry Association Lacked Standing to Intervene in Clean Water Act Suit against EPA172
Defenders of Wildlife, et al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-5122 (D.C. Cir. Apr. 23, 2013).
Sixth Circuit Bankruptcy Appellate Panel Finds Lower Court Applied Incorrect Standard to Environmental Claims for Water Discharge from Mining Operation174
In re Appalachian Fuels, LLC, Case No. 12-8026, (B.A.P. 6th Cir. Apr. 19, 2013).
D.C. Circuit Holds EPA May Revoke U.S. Army Corps’ Granted Clean Water Act §404(a) Disposal Permits175
Mingo Logan Coal Company v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-5150 (D.C. Cir. Apr. 23, 2013).
Fourth Circuit Finds the Corps’ Failure to Implement Commitments Made Was Not ‘Final Agency Action’ Subject to Judicial Review177
Village of Bald Head Island v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 11-2366 (4th Cir. Apr. 15, 2013).
District Court Reduces Multi-million Dollar RCRA Penalties Award and Seeks to Impose Community Service Obligation with the Broadest Possible
Impact179
U.S. v. Southern Union Company, ___F.Supp.2d___, Case No. 07-134 S (D. R.I. Apr. 25, 2013).
State:
Oklahoma Supreme Court Requires Disclosure of Ex Parte Communications between Agency, General Counsel and the USGS in Water Rights Determin-tion181
Arbuckle Simpson Aquifer Protection Federation of Oklahoma, Inc. v. Oklahoma Water Resources Board, 2013 OK 29, ___ P.3d ___ (Okla. Apr. 23, 2013).
