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Eastern Water Law & Policy Reporter

November 2015

Volume 10, Number 9 November 2015


U.S. EPA Announce $5 Million for New England Program for Coastal Watershed Restoration207

News from the West208


Recent Investigations, Settlements, Penalties and Sanctions211



Supreme Court of Canada Holds Jurisdiction Was Established by Service Alone in an Action Seeking Enforcement of a Foreign Judgment215

Chevron Corporation v. Yaiguaje, 2015 SCC 42 (Canada Sept. 4, 2015).


Sixth Circuit Stays the New Clean Water Act Jurisdictional Definition of ‘Waters of the United States’216

In re EPA Final Rule on ‘Waters of the U.S.’, ___F.3d___, Case Nos: 15-3799, 15-3887, 15-3822, 15-3853, Order Issued Oct. 9, 2015 (6th Cir.).

Ninth Circuit Finds EPA’s Unconditional Approval of Insecticide Was Not Supported by Substantial Evidence218

Pollinator Stewardship Council v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-72346 (9th Cir. Sept. 10, 2015).

Eighth Circuit Reverses Class Certification Finding Insufficient Injury from Oil and Gas Contamination to Support a Nuisance Claim219

Smith v. Conoco Phillips Pipe Line Co., ___F.3d___, Case No. 14-2191, (8th Cir. Sept. 15, 2015).

Seventh Circuit Rules that 1920 Indemnification Agreement Bars CERCLA Contribution Claim221

The Peoples Gas Light and Coke Company v. Beazer East, Inc., ___F.3d___, Case No. 14-3634 (7th Cir. Sept. 21, 2015).

District Court Holds that a Former Property Owner May Not Recover under CERCLA for Remediation Cost Credit Provided to Purchaser223

Elite Operations, Inc. v. Union Pacific Railroad Co., ___F.Supp.3d___, Case No. CIV.A. H-13-3461 (S.D. Tex. Sept. 17, 2015).

District Court Addresses When a Defendant’s Discharge under Its Clean Water Act NPDES Permit Counts as ‘Occasional’ or ‘Constant’224

Sierra Club v. Louisville Gas & Electric Co., ___F.Supp.3d___, Case No. 3:14-cv-391-DJH (W.D. Ky. 2015).