Eastern Water Law & Policy Reporter

EASTERN WATER NEWS

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

News from the West208

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions211

JUDICIAL DEVELOPMENTS

Foreign:

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).

Federal:

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).