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Eastern Water Law & Policy Reporter

May 2016

Volume 11, Number 4 May 2016


Michigan Attorney General Files Criminal Charges against Public Officials in Flint Water Supply Calamity75

Report Detailing Climate Change Impacts on Water Resources Released by U.S. Department of the Interior77

Attorneys General Investigate Exxon Mobil on Climate Change—What Did They Know and When Did They Know It?78

News from the West80


Recent Investigations, Settlements, Penalties and Sanctions86



Tenth Circuit Allows Sierra Club to Intervene in Reverse Freedom of

Information Act Lawsuit Seeking to Prevent EPA from Disclosing Documents89

Entergy Gulf States Louisiana LLC v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 15-30397 (10th Cir. Mar. 17, 2016).

D.C. Circuit Finds Plaintiffs Lacked Standing to Pursue ESA, Clean Water Act and National Environmental Policy Act Claims91

National Wildlife Federation v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 14-1701 (D.C. Cir. Mar. 14, 2016).

District Court Holds State Water Quality Standard Enacted Pursuant to the Federal Clean Water Act Is Enforceable in Citizen Suits93

Harpeth River Watershed Association v. City of Franklin, Tennessee, ___F.Supp.3d___, Case No. 3:14-1743 (M.D. Tenn. Mar. 3, 2016).

District Court Certifies Class Action in Securities Litigation Alleging False Statements about Environmental Compliance95

In re Barrick Gold Securities Litigation, ___F.Supp.3d ___, Case No. 13-cv-3851 (S.D. N.Y. Mar. 23, 2016).

District Court Grants Interlocutory Appeal of Decision Finding Insurer Has No Duty to Defend against Environmental Claims97

The Jorgensen Forge Corp. v. Illinois Union Insurance Co., ___F.Supp.3d___, Case No. 13-1458 (W.D. Wa. Mar. 15, 2016).