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Eastern Water Law & Policy Reporter

December 2013

Volume 8, Number 11 December 2013


Boston Releases Climate Readiness Plan One Year after Hurricane Sandy Devastates Northeast with Floodwater and Wind Damage299

Oklahoma Water Resources Board Establishes Maximum Annual Yield for the Arbuckle-Simpson Aquifer301

News from the West303


Recent Investigations, Settlements, Penalties and Sanctions306



Second Circuit Reinstates CERCLA Claims amid Confusion over the Statute of Limitations309

New York v. Next Millennium Realty, LLC, ___F.3d___, Case No. 12-2894 (2nd Cir. Oct. 15, 2013).

Seventh Circuit Finds Municipal Tax to Create a Stormwater Management Utility Cannot Be Assessed against Tribes and Tribal Lands310

Oneida Tribe of Indians of Wisconsin v. Village of Hobart, Wisconsin, ___F.3d___, Case No. 12-3419 (7th Cir. Oct. 18, 2013).

Environmental Groups Lose Bid in Tenth Circuit to Halt Construction of a Portion of the Keystone Xl Pipeline312

Sierra Club, Inc. v. Bostick, ___F.3d___, Case No. 12-6201 (10th Cir. Oct. 9, 2013).

District Court Holds that Agricultural Stormwater Runoff Is Excluded from Requirement to Obtain Clean Water Act NPDES Permit314

Alt, v. U.S. Environmental Protection Agency, ___F.Supp.2d ___, Case No. CV No.2:12-CV-42 (N.D. W.Va. Oct. 23, 2013).

District Court Finds that EPA Must Review Its RCRA Solid Waste Rules Regarding Coal Ash Every Three Years315

Appalachian Voices v. McCarthy, ___F.Supp.2d___, Case Nos. 12-0585 (RBW), 12-0629 (RBW) (D. D.C. Oct. 29, 2013).

District Court Finds that Minimal Costs Incurred Prior to Commencement of Action Are Sufficient to Allow CERCLA Case to Proceed to Trial317

U.S. Virgin Islands Department of Planning and Natural Resources v. St. Croix Renaissance Group, LLP, ___F.Supp.2d___, Case No. 07-114 (D. V.I. Oct. 16, 2013).