Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Eastern Water Law & Policy Reporter

July 2014

Volume 9, Number 7 July 2014


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


Recent Investigations, Settlements, Penalties and Sanctions178



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).