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Eastern Water Law & Policy Reporter

January 2015

Volume 9, Number 11 January 2015


U.S. Environmental Protection Agency, U.S. Department of Agriculture and Obama Administration Praise Virginia’s Market Based Water Quality Improvement Trading Program303

News from the West305


Recent Investigations, Settlements, Penalties and Sanctions308



Ninth Circuit Shoots Down Shell’s ‘Novel’ Preemptive APA Lawsuit against Environmental Groups, Seeking to Affirm the Bureau of Safety’s Approval of Two Oil Spill Response Plans311

Shell Gulf of Mexico Inc. v. Center for Biological Diversity, Inc., et al., ___F.3d___, Case No. 13-35835 (9th Cir. Nov. 12, 2014).

District Court Holds Parties Seeking Cost Recovery under Brownfields Cleanup Agreement Are Limited to a Claim for Contribution under


HLP Properties, LLC v. Consolidated Edison Co. of New York, Inc., ___F.Supp3d___, Case No. 14-01383 (S.D. N.Y. Nov. 21, 2014).

District Court Enjoins EPA § 404(C) Clean Water Act Determination under the Federal Advisory Committee Act315

Pebble Limited Partnership v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 3:14:cv-00097 (D. Alaska Nov. 2014).

District Court Rules that U.S. Constitution Does Not Empower Federal Government to Regulate a Threatened Species Living Only within One


People for the Ethical Treatment of Property Owners v. U.S. Fish & Wildlife Service, ___F.Supp.3d___, Case No. 2:13-cv-00278-DB (D. Ut. Nov. 5, 2014).

District Court Dismisses Claims for Relief from Release and Improper Disposal of Toxic Contaminants because of Errors in 60-Day Notice Require-


Tani v. Walter Energy, Inc., ___F.Supp.3d___, Case No. 2:14-CV-00890-WMA, (N.D. Ala. Nov. 18, 2014).

Court of Federal Claims:

Court of Federal Claims Holds that Mitigation Bank Agreement with the Corps of Engineers Is a Binding Contract against the U.S. Government320

Pioneer Reserve, LLC. v. U.S., ___F.Supp.3d___, Case No. 14-376C (Fed. Cl. Nov. 21, 2014).