Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Eastern Water Law & Policy Reporter

January 2016

Volume 10, Number 11 January 2016


U.S. Supreme Court Will Rule on Reviewability of U.S. Army Corps of Engineers’ Jurisdictional Wetlands Determinations to Resolve a Split in the Circuit Courts of Appeals259

Interstate Battle for Rights to Mississippi Delta Groundwater Brews before the U.S. Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260

Obama Administration Rejects Keystone Pipeline XL262

EPA Seeks Comments on Clean Water Act Regulation of Stormwater Discharges on Forest Roads263

News from the West265


Recent Investigations, Settlements, Penalties and Sanctions271



District Court Finds CERCLA Damages a PRP Can Recover from other Parties Must be Reduced by the Amount of Response Costs Paid by In-


Appvion, Inc. and NCR Corp. v. P.H. Glatfelter Co., ___F.Supp.3d___, Case No. 08-C-16 (E.D. Wis. Nov. 10, 2015).

District Court Finds a Generator that Disposes of its Own Waste ‘Benefitted from the Disposal’ and Thereby Is a CERCLA Arranger274

MEMC Pasadena, Inc., v. Goodgames Industrial Solutions, LLC, ___F.Supp.3d___, Case No. 4:13-CV-599 (S.D. Tx. 2015).

District Court Holds that Stormwater is a Pollutant Subject to Regulation under the Clean Water


Puget Soundkeeper Alliance v. Whitley Manufacturing Co., Inc., ___F.Supp.3d___, Case No. C13-1690RSL (W.D. Wash. 2015).

District Court Holds Owner of Conservation Easement Lacked Standing to Challenge Corps’ Administration of the Clean Water Act Mitigation Bank Program278

Walther v. U.S. ___F.Supp.3d___, Case No. 3:15-cv-0021-HRH (D. Ak. 2015).