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Eastern Water Law & Policy Reporter

March 2016

Volume 11, Number 2 March 2016


U.S. Forest Service Issues New Directive Regarding Ski Area Water Rights on Public Land23

U.S. Fish and Wildlife Service and NOAA Fisheries Issue New Rules for Critical Habitat Designation under the Federal Endangered Species Act25

News from the West28


Recent Investigations, Settlements, Penalties and Sanctions32



Sixth Circuit Issues Reminder that Clean Water Act Citizen Suit Jurisdiction is Limited in Nature34

Askins v. Ohio Department of Agriculture, 809 F.3d 868 (6th Circ. 2016).

Ninth Circuit Holds that the Center for Biological Diversity Has Standing to Pursue a RCRA Action Based on the Forest Service’s Failure to Regulate Lead Ammunition36

Center for Biological Diversity, et al. v. U.S. Forest Service, ___F.3d___, Case No. 13-16684 (9th Cir. 2015).

Fifth Circuit Reverses Remand of Pipeline Contamination Class Action, Holding Defendant Met Class Action Fairness Act’s Jurisdictional Threshold37

Robertson v. ExxonMobil, ___F.3d___, Case No. 15-30920 (5th Cir. Dec. 31, 2015).

Second Circuit Finds Criminal Judgment under the CAA and Resource Conservation and Recovery Act Required Defendant to Fund Studies to Evaluate Health Effects of Its Own Conduct . . . . . . . . . . . . . . . . . . . . . 38

U.S. v. Tonawanda Coke Corp., ___F.3d___, Case No. 14-1091-cr (2nd Cir. Jan. 11, 2016).

District Court Denies PRP’s Request for Interlocutory Appeal of Decision Rejecting CERCLA Divisibility Defense40

U.S. v. NCR Corp., ___F.Supp.3d___, Case No. 10-C-910 (E.D. Wis. Jan. 25, 2016).