Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Eastern Water Law & Policy Reporter

October 2013

Volume 8, Number 9 October 2013


EPA Proposes Several Rule Changes on How It Makes Formal Water Quality Determinations and Otherwise Enforces State Water Quality Program Requirements239

U.S. Bureau of Reclamation Revises Its Water Contract Policy Manual241

Economic Impacts of Designating Critical Habitat for Endangered Species Get Earlier Review under New Rule243

Food and Drug Administration Proposes New Water Quality Standards for Agricultural Water244

Study Links Youngstown, Ohio Earthquakes to ‘Fracking’246

News From the West248


Recent Investigations, Settlements, Penalties and Sanctions250



D.C. Circuit Compels Nuclear Regulatory Commission to Resume Nuclear Waste Storage Licensing Proceedings252

In re Aiken County, ___F.3d___, Case No. 11-1271 (D.C. Cir. Aug. 13, 2013).

Third Circuit Finds Plaintiff May Prosecute CERCLA Contribution Claim Related to Liability under State Law254

Trinity Industries, Inc. v. Chicago Bridge & Iron Co., ___F.3d___, Case No. 12-2059 (3rd Cir. Aug. 20 2013).

Second Circuit Holds the District Court Cannot Prevent Parties from Litigating Actions Related to CERCLA Consent Decree in State Court255

U.S. v. Steven A. Schurkman, et al., ___F.3d___, Case No. 12-3079-cv (2nd Cir. Aug. 27, 2013).

Seventh Circuit Finds Clean Water Act’s ‘Permit Shield’ Applies to a Facially Valid Permit where the Holder Lacks Notice of Potential Invalidity257

Wisconsin Resources Protection Council v. Flambeau Mining Company, ___F.3d___, Case No. 12-2969 (7th Cir. Aug. 15, 2013).


New Jersey Appellate Division Curtails State Spill Act by Engrafting Six-Year Statute of Limita-


Morristown Associates v. Grant Oil Company, et al., Case No. A-0313-11T3 (N.J.App.Div. Aug. 23, 2013).