WATER NEWS
Record Drought in California Requires Desperate Measures: California’s State Water Resources Control Board Issues Notices of ‘Curtailment’ of Appropriative Water Rights as to Major River Watersheds and Streams171
News From the West176
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions178
JUDICIAL DEVELOPMENTS
Federal:
Seventh Circuit Concludes that Courts May Review Completed Stages of Cleanup at a Site Even if EPA Plans Additional Cleanup180
Frey v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-2142 (7th Cir. May 1, 2014).
Ninth Circuit Rejects Environmental Challenge to Colorado River Water Transfers182
People of the State of California v. Jewell, ___F.3d___, Case No. 12-55956 (9th Cir. May 19, 2014).
District Court Finds City Liable for the Actions of Others When Pollutants Are Placed into Its Municipal Sewer Systems184
KFD Enterprises, Inc. v. City of Eureka, et al., ___F.Supp.2d___, Case No. 3:08-cv-04571 (N.D. Cal. May 9, 2014).
District Court Addresses State Implementation of its NPDES Program—Ignores State Opinion on Water Quality Standards—Instead Relying on Independent Expert Opinion186
Ohio Valley Environmental Coalition v. Elk Run Coal Company, ___F.Supp.2d ___, Case 3:12-cv-00785 (S.D. W.Va. June 4, 2014).
District Court Upholds CWA Citizen Suit for Polluting without a Permit Despite Previous State Agency Finding that No Permit Was Required187
Soundkeeper, Inc. et al v. A&B Auto Salvage, Inc., ___F.Supp.2d___, Case No. 3:12-CV-00841 (D. Conn. May 15, 2014).
Federal Claims Court Finds that a Regulatory Taking Cannot Be Viewed as a Permanent Restriction on Land—Analogizes Damages to Loss of Use189
Bailey v. U.S., Case No. 02-10781 (Fed. Cl. May 29, 2014).
