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Eastern Water Law & Policy Reporter

April 2014

Volume 9, Number 4 April 2014


U.S. State Department Releases the Final Supplemental Environmental Impact Statement for the Proposed Keystone XL Pipeline83

Endangered Species Act Congressional Working Group Issues Report, Recommends Changes85

News from the West86


Recent Investigations, Settlements, Penalties and Sanctions89


U.S. Supreme Court Denies Petition for Certiorari on Ninth Circuit Ruling Against Water Districts’ Claims that the U.S. Failed to Provide Adequate Drainage in the Federal Central Valley Project92

Landowners File Federal Takings Suit against the Army Corps, Seeking Compensation for Damages Caused by Flooding94


Circuit Court of Appeals:

Fifth Circuit Finds that Local Jurisdictions’ Police Powers Are Preempted by Federal Clean Water Act in Deepwater Horizon Litigation96

In Re: Deepwater Horizon, ___F.3d___, Case No. 12-30012 (5th Cir. Feb. 24, 2014).

District Court:

District Court Bars Reliance on Environmental Law Theory of Liability Not Disclosed in Response to Contention Interrogatories98

In re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.Supp.2d___, Case No. 1:00-cv-01898-SAS-DCF (S.D. N.Y. Feb. 6, 2014).

District Court Affirms PRP Groups’ Ability to Prosecute Both CERCLA Section 107 and Section 113 Claims Simultaneously100

LWD PRP Group v. ACF Industries, et al., ___F.Supp.2d___, Case No. 5:12-cv 00127 JHM (W.D. KE. Feb. 7, 2014).

District Court Case in Indiana Is a Primer for Suits against Subdivision Developers Who Cause Flooding from Jurisdictional Waters102

Stillwater of Crown Point Homeowners’ Association et al, v. Stiglich, ___F.Supp.2d___, Case No. 09–CV–157–PRC (N.D. Ind. Feb. 26, 2014).

District Court Strikes Down Nebraska Law Allowing Keystone XL Pipeline103

Thompson v. Heineman, ___F.Supp.2d___, Case No. CI 12-2060 (D. Neb. Feb. 19, 2014).

District Court Denies Prevailing Defendant in Clean Water Act Litigation Costs because Plaintiffs’ Claim Was Not Frivolous or without Foundation105

Wisconsin Resources Protection Council, et al. v. Flambeau Mining Co., ___F.Supp.2d___, Case No. 11-cv-45-bbc (W.D. Wis. Feb. 5, 2014).