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Eastern Water Law & Policy Reporter

July 2013

Volume 8, Number 7 July 2013

FEATURE ARTICLE

Sensible Flood Risk Management for California’s Central Valley to Address Existing Risk and Hydrologic and Climate Change Uncertainties: A Partnership of Federal, State, and Local Efforts by Scott Shapiro, Esq., Downey Brand, California187

EASTERN WATER NEWS

Interior Department Issues Updated Draft Rule for Fracking on Indian

Lands192

EPA Announces Approval of a Plan to Control Sewer Overflows in the Cincinnati Area194

News From the West195

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions197

JUDICIAL DEVELOPMENTS

Federal:

Sixth Circuit Finds Kentucky Riverkeeper Defeats U.S. Army Corps of Engineers’ Limited Impacts Analysis for Coal Mining200

Kentucky Riverkeeper et al v. Rowlette, 714 F.3d 402 (6th Cir. 2013).

Fourth Circuit Holds Corps’ Clean Water Act Section 404 Permit for Mining Activities Was Supported by a ‘Hard Look’ at Potential Environmental Consequences201

Ohio Valley Environmental Coalition, Inc. v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 12-1999 (4th Cir. May 15, 2013).

District Court Dismisses Citizen Suit Challenging EPA’s CWA National Contingency Plan Product Schedule as Time Barred203

Alaska Community Action on Toxics v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 12-1299 (D. D.C. May. 7, 2013).

District Court Rejects Argument under CERCLA that PCB Contamination in the Little Fox River of Wisconsin Is Divisible205

U.S. v. NCR Corp., ___F.Supp.2d___, Case No. 1:10-CV-00910 (E.D. Wis. May 1, 2013)