Eastern Water Law & Policy Reporter

FEATURE ARTICLE

U.S. Supreme Court Uses Its Equitable Powers to Force Nebraska to Disgorge Gains from Its Knowing Violation of a Water Resources Compact by Denise Scofield, Esq. and Nicholas E. Morrell, Esq., Morgan Lewis 55

EASTERN WATER NEWS

Center for Biological Diversity Files Lawsuit Alleging U.S. Department of the Interior Violated Federal Law when It Issued Permits for Offshore ‘Fracking’59

News from the West60

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions63

JUDICIAL DEVELOPMENTS

Federal:

Fourth Circuit Applies Three-Part Analysis to Significant Nexus Test for Clean Water Act Jurisdiction66

Precon Development Inc v. U.S. Army Corps of Engineers, Unpub., Case No. 13-2499 (4th Cir. 2015).

District Court Finds Gasoline Manufacturers Are Not Responsible Parties for Release of MTBE in CERCLA Litigation67

City of Merced Redevelopment Agency v. Exxon Mobil Corp et al., ___F.Supp.3d___, Case No. 1:08-cv-714-LJO-GSA (E.D. Cal 2015).

The Public Trust Doctrine and the Chicago Lakefront—Opponents’ Challengse to the Proposed Lucas Museum Project Survive a Motion to

Dismiss69

Friends of the Parks v. Chicago Park District, ___F.Supp.3d__, Case No. 14-cv-090962015 (N.D. Ill. Mar. 12, 2015).

District Court Finds Plaintiff’s RCRA Claim Does Not Merit Injunctive Relief71

Phoenix Beverages, Inc. et al. v. Exxon Mobile Corporation et al., ___F.Supp.3d___, Case No. 12-cv-3771 (E.D. N.Y. Feb. 11, 2015).