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Eastern Water Law & Policy Reporter

August/September 2015

Volume 10, Number 7 August/September 2015


With the Adoption of a Final Rule on ‘Waters of the United States,” Critics Claim Expanded Definition Violates States’ Rights and Places Undue Burden on Farming and Agriculture155

A Federal Response to Drought in the West—Three Bills Pending in Congress157

News from the West159


Recent Investigations, Settlements, Penalties and Sanctions162



Third Circuit Confirms Chesapeake Bay Clean Water Act TMDL Regulations of the U.S. Environmental Protection Agency164

American Farm Bureau Federation v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-4079 (3rd Cir. July 6, 2015).

Ninth Circuit Finds Private-Party Judicially Approved Settlement may Trigger CERCLA’s Statute of Limitations for Contribution Claims165

Asarco, LLC v. Celanese Chemical Company, ___F.3d___, Case No. 12-16832 (9th Cir. July 10, 2015).

Fourth Circuit Holds that Casino Cannot Assert a Clean Water Act NPDES Permit Shield Defense to Defeat a RCRA Citizen Suit168

Bruce Goldfarb v. Mayor and City Council of Baltimore, Maryland, ___F.3d___, Case No. 14-1825, (4th Cir. July 1, 2015).

Seventh Circuit Upholds Consent Decree Requiring Water District to Satisfy Water-Quality Requirements Related to Construction of Project170

U.S., et al. v. Metropolitan Water Reclamation District of Greater Chicago, ___F.3d___, Case Nos. 14-1776 & 14-1777 (7th Cir. July 9, 2015).

District Court Finds Government Contractor Liable under CERCLA for 100 Percent of Remediation Costs at Defense Manufacturing Site172

TDY Holdings, LLC et al. v. U.S., et al., ___F.Supp.3d___, Case No. 3:07-CV-787-CAB-BGS (S.D. Cal. July 29, 2015).