FEATURE ARTICLE
EPA And the U.S. Army Corps of Engineers Jointly Propose New Rule on the Jurisdictional Reach of the Federal Clean Water Act by Harvey M. Sheldon, Esq., Hinshaw 111
EASTERN WATER NEWS
Water Rights Protection Act Passes through the House of Representatives—Moves to the Senate117
Changes to FEMA’s National Flood Insurance Program Focus on Premium Affordability and Risk-Based Rates Modification118
U.S Army Corps of Engineers Revisits Levee Vegetation Removal
Policy120
News from the West122
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions125
JUDICIAL DEVELOPMENTS
Federal:
Second Circuit Finds that Subcontractor Cannot Sue Property Owner under CERCLA for Cleanup Costs127
Price Trucking Corp. v. Norampac Industries, Inc., ___F.3d___, Case No. 11-2917-cv (2nd Cir. Mar. 18, 2014).
District Court Defines ‘Imminent and Substantial Endangerment’ in RCRA Contamination Case Involving PCE at Dry Cleaning Site128
H & H Holding, L.P. v. Lee, ___F.Supp.2d___, Case No. 12-5433 (E.D. Pa. Mar. 6, 2014).
District Court Holds that Property Owners Cannot Recover for Diminution of Property Value or the ‘Stigma’ of Being Located Near a Contaminated
Site130
Mitchell Mccormick, et al., v. Halliburton Company and Halliburton Energy Services, Inc., ___F.Supp.2d___, Case No. Civ-11-1272-M (W.D. Okl. Mar. 31, 2014).
Federal Claims Court Rules that Denial of a Clean Water Act Section 4 Permit Constitutes a Categorical ‘Taking’ under the Lucas and Penn Central Deci-
sions132
Lost Tree Village Corporation v. U.S., Case No. 08-117l (Fed.Cl. Mar. 14, 2014).
State:
Supreme Court of Wyoming Reverses and Remands Decision Refusing to Require Disclosure of ‘Fracking’ Chemicals133
Powder River Basin Resource Council v. Wyoming Oil and Gas Conservation Commission, 320 P.3d 222 (Wy.Mar. 12, 2014).
