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Eastern Water Law & Policy Reporter

November 2014

Volume 9, Number 9 November 2014


U.S. House of Representatives Passes Bill to Restrict Federal Clean Water Act Rulemaking251

Texas Water Development Board Addresses Interregional Conflict between Two Regional Water Planning Areas252

News from the West254


Recent Investigations, Settlements, Penalties and Sanctions257



Ninth Circuit Reverses District Court, Finding that Discharges of Coal into Resurrection Bay, Alaska Violated the Clean Water Act261

Alaska Community Action on Toxics v. Aurora Energy Services, LLC, ___F.3d___, Case No. 13-35709 (9th Cir. Sept. 3, 2014).

Sixth Circuit Holds Insurance Broker Had No Duty to Advise Client to Obtain Pollution Liability Insurance before Oil Spill262

Hardy Oil Company, Inc. v. Nationwide Agribusiness Insurance Co., ___F.3d___, Case Nos. 13-6373, 13-6445 (6th Cir. Sep. 22, 2014).

Seventh Circuit Allows Potentially Responsible Party to Proceed under CERCLA Section 107 because of Dual Role264

NCR Corporation v. George A. Whiting Paper Company, ___F.3d___, Case Nos. 13-2447, 13-2522, 13-2568, 13-2570, 13-2572, 13-2572, 13-2605, 13-2606, 13-2607, 13-2631, 13-2645, & 13-2866 (7th Cir. Sept. 25, 2014).

Ninth Circuit Finds CERCLA Authorizes the United States to Negotiate Settlements Based on a Settling Party’s Ability to Pay as Opposed to Its Comparative Fault266

U.S. v. the Coeur D’Alenes Company, ___F.3d___, Case No. 12-36065 (9th Cir. Sept. 16, 2014).

District Court Finds Water District Is Barred from Bringing Suit against Oil Companies for Groundwater Contamination due to Prior Prosecution268

In Re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.Supp.2d___, Case No. 04 Civ. 4968 (S.D. N.Y. Sept. 16, 2014).

Mingo Coal Mine Disposal Site Permitting Is Still Subject to ‘EPA Veto’ Years after Issuance of Clean Water Act § 404 Permits270

Mingo Logan Coal Company, Inc. v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 10-0541 (D. D.C., Sept. 30, 2014).