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Eastern Water Law & Policy Reporter

February 2015

Volume 10, Number 1 February 2015


Food and Drug Administration Set to Consider Revision of Food Safety Rules for Irrigation Water3

Environmental Groups Seek Writ of Mandate against EPA over Failure to Implement Clean Water Act Phase II MS4 Regulations4

New York State Poised to Permanently Ban Hydraulic Fracturing6

Texas Lawmaker Aims to Discourage Cities from Passing Fracking Bans8

News from the West9


Recent Investigations, Settlements, Penalties and Sanctions12



D.C. Circuit Holds that the Lead in Spent Bullets and Shot Is Not Subject to EPA Regulation under the Toxic Substances Control Act15

Trumpeter Swan Society, et al. v. U.S. Environmental Protection Agency, et al., ___F.3d___, Case No. 13-5228 (D.C. Cir. Dec. 23, 2014).

District Court Dismisses Citizen Suit against the Army Corps for Mootness Relating to Flood Control Project16

Finca Santa Elena Inc. et al v. U.S. Army Corps of Engineers et al., ___F.Supp.3d___, Case No. 1:11-cv-00296 (D. D.C. Jan. 6, 2015).

District Court Finds Environmental Group Is Entitled to Jury Trial on the Issues of Clean Water Act/RCRA Liability for Civil Penalties17

North Carolina Environmental Justice Network v. Taylor, ___F.Supp.3d___, Case No. 4:12-CV-154-D (E.D. N.C. Dec. 29, 2014).

District Court Grants Injunction Forcing PPG Industries to Apply for a Clean Water Act Discharge Permit19

PennEnvironment, et al. v. PPG Industries, Inc., et al., ___F.Supp.3d___, Case No. 12-CV-342 (W.D. Pa. Dec. 10, 2014).

District Court Finds Benzene—Once Part of a Gasoline Mixture and Separating Later—Is Still Excluded from CERCLA Coverage Due to the ‘Petroleum Exclusion’21

White Plains Housing Authority v. Getty Properties Corporation, ___F.Supp.3d___, Case No. 13-cv-6282 (S.D. N.Y. Dec. 16, 2014).


One Man’s Waste Is Another’s Treasure unless You Use Natural Waste in Wisconsin—State Supreme Court Addresses the Limits of Insurance Coverage in Two Decisions23

Wilson Mutual Insurance Co. v Falk, ___N.W.2d___, 2014 WI 136 (Wis. Dec. 30, 2014); Preisler v General Casualty Insurance Co., ___N.W.2d___, 2014 WI 135 (Wis. Dec. 30, 2014).