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Eastern Water Law & Policy Reporter

October 2016

Volume 11, Number 8 October 2016


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


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


Recent Investigations, Settlements, Penalties and Sanctions190



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).