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Eastern Water Law & Policy Reporter

August/September 2014

Volume 9, Number 7 August/September 2014


Water Transfers, the Federal Clean Water Act and Agency Deference—What’s Right and What’s Wrong with the Current Process by Peter Nichols, Esq., Berg Hill Greenleaf Ruscitti, LLP, Boulder, Colorado195


U.S. Senators Introduce Bill to Streamline Permitting Process to Construct Surface Water Storage Projects on Federal Lands202

News from the West203


Recent Investigations, Settlements, Penalties and Sanctions206



Fifth Circuit Finds Property Owner Lacks Subject Matter Jurisdiction to Review U.S. Army Corps of Engineers’ Clean Water Act Jurisdictional Determination208

Belle Co., L.L.C. v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 13-30262 (5th Cir. Jul. 30, 2014)

D.C. Circuit Denies Review of EPA Action Adding a Former Manufacturing Plant to the National Priorities List for Hazardous Material Contamina-


CTS Corporation v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 3056493 (D.C. Cir. July 8, 2014).

Sixth Circuit Declares Remedies under Sections 107(a) and 113(f) of CERCLA Are Mutually Exclusive—Upholds Dismissal of Cost Recovery, Contribution, and Common Law Claims212

Hobart Corp. v. Waste Management of Ohio, Inc., ___F.3d___, Case Nos.: 3:10-cv-00195; 3:12-cv-00213 (6th Cir. July 14, 2014).

Fourth Circuit Finds Permit Shield Defense in Clean Water Act Enforcement Action Depends on State Application Rule Compliance215

Southern Appalachian Mountain Stewards, et al v. A&G Coal Corporation, ___F.3d___, Case No. 13-2050 (4th Cir. July 11, 2014).

D.C. District Court Denies Standing to Plaintiffs Alleging Economic Injury Due to Clean Water Act Regulation216

Permapost Products, Inc. v. John M. McHugh, Secretary of the U.S. Army, ___F.Supp.2d___, Case No. 3056506 (D. D.C. July 7, 2014).