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Eastern Water Law & Policy Reporter

May 2015

Volume 10, Number 4 May 2015


Kirtland Air Force Base’s Jet Fuel Spill Update—First Remediation Well Designed to Extract Contaminated Groundwater Scheduled to Start Pump-


News from the West81


Recent Investigations, Settlements, Penalties and Sanctions84



Eleventh Circuit Directs Army Corps of Engineers to Reevaluate Clean Water Act General Permit for Coal Mining Operations86

Black Warrior Riverkeeper v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 14-12357 (11th Cir. Mar. 23, 2015).

Fourth Circuit Split Panel Affirms Summary Judgment in CERCLA Arranger Case88

Consolidation Coal Co. v. Georgia Power Co., ___F.3d___, Case No. 13-1603 (4th Cir. Mar. 20, 2015).

Circuit Courts of Appeals Now In Conflict on the Reviewability of Army Corps Jurisdictional Wetlands Determinations with Eighth Circuit’s Decision in Hawkes89

Hawkes Co., Inc. v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 13-3067 (8th Cir. Apr. 10, 2015).

District Court Holds a State Retains Discretion under the Clean Water Act to Enact and Enforce a Method of Identifying Impaired Waters91

Florida Wildlife Federation v. Gina McCarthy, ___F.Supp.3d___, Case No. 8:13-cv-2084-T-23 (M.D. Fl. Mar. 16, 2015).

District Court Finds Property Owner’s Claim for PCB Exposure Time Barred Based on Notice of the Contamination for Almost Two Decades92

Hubbard-Hall, Inc. v. Monsanto Company et al., ___F.Supp.3d___, Case No. 3:13-cv-104 (D. Conn. Mar. 29, 2015).

District Court Rules that Alabama Is Entitled to a Jury Trial on Its Claims under the Oil Pollution Act of 1990 Arising from the BP Oil Spill94

In re: Oil Spill by the Oil Rig ‘Deepwater Horizon’ in the Gulf of Mexico, ___F.Supp.3d___, Case No. 2179 (E.D. La. 2015)

District Court Finds CERCLA Cost Recovery Claims Were Precluded by Section 113 Contribution Claims, Which Were Time Barred96

LWD PRP Group v. ACF Industries LLC, ___F.Supp.3d___, Case No. 5:12-CV-00127 (W.D. Ky. Mar. 12, 2015).

District Court Finds Pennsylvania’s Sewage Facilities Act Does Not Trigger EPA’s Mandatory Review as a Revised or New Water Quality Standard Pursuant to the Clean Water Act98

The Pine Creek Valley Watershed Association, et al. v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 14-478 (E.D. Penn. Mar. 17, 2015).


Maryland Court of Appeals Holds Direct Tie to Water Quality Standards Not Required in Municipal Stormwater Permits Pursuant to the Federal Clean Water Act100

Maryland Department of the Environment v. Anacostia Riverkeeper, Case No. 2199 (Md.App. Apr 2, 2015).