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Eastern Water Law & Policy Reporter

June 2013

Volume 8, Number 6 June 2013


U.S. Supreme Court Holds that Stormwater Discharges from Logging Roads Fall Outside Permit Requirements by Meline G. MacCurdy, Esq., Marten Law, Portland, Oregon159


U.S. Senate Approves First Water Resources Development Act Since


News From the West165


Recent Investigations, Settlements, Penalties and Sanctions168



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


U.S. v. Southern Union Company, ___F.Supp.2d___, Case No. 07-134 S (D. R.I. Apr. 25, 2013).


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).