Eastern Water Law & Policy Reporter

FEATURE ARTICLE

The U.S. Supreme Court Holds That Landowners Can Sue the Army Corps of Engineers to Challenge Its Jurisdictional Determinations under the Clean Water Act by David Ivester, Esq. and Peter Prows, Esq. Briscoe, Ivester 127

EASTERN WATER NEWS

News from the West132

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions136

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Finds Local Controversy Exception Requirements Were Met in Dispute between Homeowners and Boeing over Groundwater Contamina-

tion139

Allen v. Boeing Co., ___F.3d___, Case No. 16-35175 (9th Cir. May 5, 2016).

Eighth Circuit Reverses Homeowner’s CERCLA Class Certification for Lack of Commonality and Cohesiveness141

Ebert v. General Mills, Inc., ___F.3d___, Case No. 15-1735 (8th Cir. May 20 2016).

District Court Holds that EPA’s Actions Blocking Clean Water Act Permit Did Not Constitute ‘Final Agency Action’ under the Administrative Procedure Act143

Marquette County Road Commission v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 2:15-CV-93 (W.D. MI. May 18, 2016).

District Court Denies Motion for Removal from State Court—Finding No Federal Question and No CERCLA Claims Alleged145

State of Missouri ex rel. Attorney General Chris Koster v. Republic Services, Inc., ___F.Supp.2d___, Case No. 4:15CV1506 RLW (E.D. Mo. 2016).