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Eastern Water Law & Policy Reporter

February 2016

Volume 11, Number 1 February 2016

EASTERN WATER NEWS

EPA Proposes 30 New Contaminants Public Water Systems Must

Monitor3

Flint Michigan Drinking Water Problem Garners National Attention4

News from the West5

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions9

JUDICIAL DEVELOPMENTS

Federal:

Eleventh Circuit Finds EPA’S Decision to Defer Program Withdrawal Proceedings Was Not a ‘Determination’ Subject to Appeal11

Cahaba Riverkeeper v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-13508 (11th Cir. Nov. 30, 2015).

Eighth Circuit Addresses the Limits of Arranger Liability under the Comprehensive Environmental Response, Compensation, and Liability Act13

U.S. v. Dico, Inc., 808 F.3d 342 (8th Cir. 2015).

D.C. Circuit Finds U.S. Coast Guard Can Hold Polluting International Ships in Port until Legal Proceedings Are Completed14

Watervale Marine Co., Ltd. v. U.S. Department of Homeland Security, 807 F.3d 325 (D.C. Cir. 2015).

District Court Rules Sierra Club’s Challenge to Mitigation Bank Lawsuit Survives Motions to Dismiss16

Sierra Club, Inc. v. St. Johns River Water Management District et al.,

___F.Supp.3d___, Case No. 6:14-cv-1877-Orl-40DAB (M.D. Fl. 2015).

District Court Increases Clean Water Act Civil Penalty on Remand for Wastewater Spill at Louisiana Oil Refinery18

U.S. v. Citgo, ___F.Supp.3d___, Case No. 2:08-cv-00893 (W.D. La. Dec. 23, 2015).