FEATURE ARTICLE
Executive Actions: President Obama Releases His Climate Action Plan Which Addresses Air Quality and Water Supply/Flood Control Impacts
by Dennis Kanuk, Esq., Jackson|DeMarco|Tidus|Peckenpaugh, Irvine, California211
EASTERN WATER NEWS
Coalition Petitions EPA to use ‘Residual Designation Authority’ to Require Permits for Sites Discharging Stormwater to Impaired Waterways217
News From the West219
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions221
RECENT FEDERAL DECISIONS
Federal:
U.S. Supreme Court Places Significant Limitations on the Imposition of Monetary Exactions as a Condition of Issuing Land Use Permits224
Koontz v. St. Johns River Water Management District, 570 U.S. ___, 133 S.Ct. 2586 (June 25, 2013).
Ninth Circuit Decides that Water Quality Measurements Establish NPDES Stormwater Permit Violations in Los Angeles—Could Other Circuits Adopt a Similar Interpretation?226
Natural Resources Defense Council vs. County of Los Angeles, ___F.3d___, Case No. 10-56017 (9th Cir. Aug. 8, 2013).
Fifth Circuit Finds Six Million Dollar Clean Water Act Penalty Imposed Against Citgo Did Not ‘Reasonably Approximate’ Citgo’s Economic
Benefit228
U.S. (on behalf of Administrator of Environmental Protection Agency) v. Citgo Petroleum Corporation, ___F.3d___, Case No. 11-31117 (5th Cir. July 17, 2013).
District Court Holds EPA Has Clean Water Act Jurisdiction over Prior-Converted Croplands230
Huntress, et al v. U.S. Department of Justice, ___F.Supp.2d___, Case No. 12-CV-1146S (W.D. NY 2013).
State:
Pennsylvania High Court Orders State Public Utility Commission to Stop Reviewing Local Zoning Related to Oil and Gas Drilling in Violation of Lower Court Injunction233
Robinson Twp. v. Commonwealth of Pennsylvania, Case No. 100 MAP 2012 (Penn. filed July 25, 2013).
