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Eastern Water Law & Policy Reporter

June 2016

Volume 11, Number 5 June 2016


Environmental Groups Bring Federal Clean Water Act Suit against EPA Officials Alleging Failure to Review Changes to Water Quality Stan-


News from the West105


Recent Investigations, Settlements, Penalties and Sanctions109



District Court Grants Motion for Reconsideration Bringing Defendant Back into MTBE Contaminated Groundwater Litigation Years after Initial Dismissal111

Commonwealth of Puerto Rico v. Shell Oil Co., ___F.Supp.3d___, Case No. 1:07-cv-10470 (S.D. N.Y. Apr. 15, 2016).

District Court Holds the Clean Water Act Does Not Preempt EPA’s Ability to Withhold Production of Confidential Business Information113

Environmental Integrity Project v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 14-1282 (JEB) (D. D.C. Mar. 29, 2016).

Judicial Panel on Multidistrict Litigation Denies Request to Consolidate Water Quality Suits against Monsanto Seeking PCB Remediation Costs115

In re: Stormwater/Impaired Waters PCB Contamination Litigation, ___F.Supp.3d___, MDL Case No. 2697 (J.P.M.L. Apr. 7, 2016).

District Court Will Hold Trial of Water Quality Violation Allegations against Water Treatment District—Finds ‘Permit Shield’ Defense Does Not Apply to Violations of State Water Quality Standards Incorporated into NPDE Permit117

Natural Resources Defense Council v. Metropolitan Water Reclamation District of Greater Chicago, ___F.Supp.3d___, Case No. 11-cv-02937 (N.D. Ill. Apr. 20, 2016).

District Court Grant’s Army Corps’ Request for Voluntary Remand of Mitigation Banking Instrument for Further Proceedings Consistent with NEPA119

Sierra Club, Inc. v. St. Johns River Water Management District, ___F.Supp.3d___, Case No. 6:145-cv-1877—Orl-40DAB (M.D. Fl. Apr. 4, 2016).