Eastern Water Law & Policy Reporter
October 2016
Volume 11, Number 8
October 2016
FEATURE ARTICLE
Likely Ninth Circuit Case on Appeal over the Clean Water Act and ‘Significant Nexus’ Applicability may Portend the Fate of the Scope of the Act Nationwide by Harvey Sheldon, Esq., Hinshaw and Culbertson, LLP, Chicago, Illinois179
EASTERN WATER NEWS
Environmental Groups File Notices of Intent to Sue Targeting Government Agencies for Alleged Endangered Species Act Violations183
The Battle Continues in One of the Nation’s Largest Inter-Basin Water Transfers185
News from the West186
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions190
JUDICIAL DEVELOPMENTS
Federal:
Eleventh Circuit Approves Different Requirements for Grandfathered
Clean Water Act Permits—Upholds Nationwide Permit for Surface Coal Mining192
Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 15-14745 (11th Cir. Aug. 12, 2016).
D.C. Circuit Finds It Cannot ‘Rescue’ the Federal Government from Overpayment of CERCLA Remediation Costs that Were Made via Contractual Agreement194
Lockheed Martin Corporation v. U.S., ___F.3d___, Case No. 14-5302 (D.C. Cir. Aug. 19, 2016).
District Court Holds a Unilateral Administrative Order Pursuant to CERCLA Section 106 Is Not a ‘Civil Action’ for the Purposes of a Section 113(f) Claim for Contribution196
Diamond X Ranch LLC, v. Atlantic Richfield Company, ___F.Supp.3d___, Case No. 3:13-cv-00570-MMD-WGC (D. Nev. Aug. 26, 2016).
District Court Denies Government’s Request for Dismissal Based on CERCLA Consent Decree, but Grants Motion Limiting Reimbursement198
U.S. v. NCR Corp. and Appleton Papers Inc, ___F.Supp.3d___, Case No. 10-C-910 (E.D. Wis. Aug. 19, 2016).
District Court Finds Ordinary Corporate Correspondence Sufficient to Support Trial on PRP Status under CERCLA200
Virginia Street Fidelco, LLC v. Orbis Products Corporation, ___F.Supp.3d___, Case No. 11-2057 (D. N.J. Aug. 3, 2016).
