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Eastern Water Law & Policy Reporter

June 2015

Volume 10, Number 5 June 2015


Federal Emergency Management Administration Mandates State Grant Recipients to Plan for Climate Change Impacts107

News from the West108


Recent Investigations, Settlements, Penalties and Sanctions111



U.S. Environmental Protection Agency’s Mississippi River Water Quality Rule Discretion— With a Reasonable Explanation—Is Reinforced by Fifth Circuit Court of Appeals114

Gulf Restoration Network v McCarthy, 783 F.3d 227 (5th Cir. 2015).

Federal Circuit Affirms Denial of Hopi Tribe’s Claim that the United States Must Provide Safe Drinking Water on the Reservation116

Hopi Tribe v. U.S., ___F.3d___, Case No. 2014:5018 (Fed. Cir. Apr. 2, 2015).

Ninth Circuit Widens Circuit Split on the Scope of the Class Action Fairness Act’s Local Single Event Exception117

Jocelyn Allen, et al. v. The Boeing Company, et al., ___F.3d___, Case No. 15-35162 (9th Cir. Apr. 27, 2015).

Second Circuit Denies Property Owners Affirmative Defense in CERCLA Case and Orders the Payment of $6.7 Million because they Failed to Show Due Care119

State of New York v. Adamowicz, ___F.3d___, Case No. 14-1702-cv (2nd Cir. Apr. 23, 2015).

District Court Defers to Virginia State Agency in Granting Summary Judgment to Coal Company in Clean Water Act Citizen Suit121

Southern Appalachian Mountain Stewards v. Red River Coal Company, Inc., ___F.Supp.3d___, Case No. 2:14-CV-00024 (W.D. Va. Apr. 13, 2014).

District Court Finds NPDES Permit Does Not Require Compliance with State’s Water Quality Standards for Color, Odor, and Turbidity123

Altamaha Riverkeeper, Inc. v. Rayonier, Inc., ___F.Supp.3d___, Case No. CV 214-44 (S.D. Ga. 2015).