Eastern Water Law & Policy Reporter

EASTERN WATER NEWS

Major Modifications to Toxic Substances Control Act Lie Ahead151

Flint Michigan Drinking Water Crisis Continues to Spawn Legal Activ-

ity152

News from the West154

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions157

LAWSUITS FILED OR PENDING

U.S. District Court to Address Recovery of CERCLA Cleanup Costs

for Soil and Groundwater Contamination on Remand from the Ninth Circuit160

JUDICIAL DEVELOPMENTS

Federal:

First Circuit Upholds District Court’s Holding that Property Owner Failed to Show a Clean Water Act Stormwater Violation165

Louis Paolino, et al. v. JF Realty, et al., ___F.3d___, Case No. 15-1498 (1st Cir. July 18, 2016).

Fifth Circuit Upholds FWS Critical Habitat Designation under the ESA on Land that is Unoccupied by Listed Species167

Markle Interests L.L.C. v. U.S. Fish and Wildlife Service, ___F.3d___, Case No. 14-31008 (5th Cir. June 30, 2016).

D.C. Circuit Upholds EPA’s ‘Backstop’ Authority to Revoke Corps’ Clean Water Act Permit Due to ‘Unacceptable Adverse Effects’ on Wildlife169

Mingo Logan Coal Company v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-5305 (D.C. Cir. July 19, 2016).

Ninth Circuit Dismisses CERCLA Case Against Canadian Mining Company for Cross-Border Aerial Emissions Causing Pollution to Water and

Soil171

Pakootas v. Teck Cominco Metals, Ltd., ___F.3d___, Case No. 15-35228 (9th Cir. July 27, 2016).