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Eastern Water Law & Policy Reporter

June 2014

Volume 9, Number 6 June 2014


Roiling Waters—The Ninth Circuit Wades Into the ESA-Water Rights Cross-Current in NRDC v. Jewell by Steve Saxton, Esq., Downey Brand LLP, Sacramento, California139


Water Infrastructure Legislation Passed by Congress for First Time in Seven Years145

News from the West146


Recent Investigations, Settlements, Penalties and Sanctions149



D.C. Circuit Questions EPA Allegation that Judicial Review of Claims Challenging Cleanup of Uranium Sites Is Barred by EPA Assertion It Is Pursuing Removal or Remedial Action152

El Paso Natural Gas Co. v. U.S., ___F.3d___, Case No. 12-5156 consolidated with 12-5157 (D.C. Cir. Apr. 4, 2014).

Federal Circuit Finds U.S. Government Must Reimburse Oil Companies for Cleanup Costs Incurred Related to Production of ‘Avgas’ During World

War II154

Shell Oil Company & Atlantic Richfield Company v. U.S., ___F.3d___, Case No. 2013-5051 (Fed. Cir. Apr. 28, 2014).

District Court for New York Affirms Standing for Citizens Suits under the Federal Clean Water Act156

Borough of Upper Saddle River, New Jersey v. Rockland County Sewer District No. 1, ___F.Supp.2d___, Case 07-Civ-00109(ER) (S.D. N.Y. Apr 2014).

District Court Holds that EPA’s Mere Listing of Impaired Waters under the Clean Water Act Does Not Equate to Causing Plaintiffs Harm158

City of Dover v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 12-1994 (D. D.C. Apr. 14, 2014).

District Court Finds Due Process Claims Based on a U.S. Army Corps of Engineer’s Clean Water Act Cease and Desist Order Survive Challenge160

Duarte Nursery, Inc. v. U.S. Army Corps of Engineers, ___F.Supp.2d___, Case No. S-13-2095 (E.D. Cal. Apr. 23, 2014).

District Court Addresses the Interplay between CERCLA 107(a) and 113(f) Claims Involving Volatile Organic Compounds in Well Water162

Sandvik, Inc. v. Hampshire Partners Fund VI, L.P., ___F.Supp.2d___, Case No. 13-4667 (D. N.J Apr. 4, 2014).

District Court Applies Broad Definition of SDWA ‘Public Water Drinking System’ and Includes Systems which Indirectly Provide Drinking Water164

U.S. v. County of Westchester, ___F.Supp.2d___, Case No. 13-cv-5475 (S.D. N.Y. Apr. 28, 2014).


Texas Trial Court Awards Judgment to Family for Fracking-Related Damage to Health and Groundwater165

Parr v. Aruba Petroleum, Inc., Case No. 11-01650, (Dallas County, Tex. Apr. 22, 2014).