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Eastern Water Law & Policy Reporter

November 2016

Volume 11, Number 9 November 2016


Lawsuit Filed in District Court against Exxon Mobil Alleges Failure to

Account for Climate Change in Spill Control Plan207

Multi-State Water Settlement: Republican River Compact Administration Approves Two Resolutions regarding Compliance with the Compact208

News from the West209


Recent Investigations, Settlements, Penalties and Sanctions213


Water and Energy—U.S. Department of Energy and Department of the Interior Publish National Offshore Wind Strategy217



Extensive EPA Collection of Private Information for Clean Water Act Enforcement Shielded from Freedom of Information Act Disclosure by Eighth Circuit219

American Farm Bureau Federation v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 15-1234 (8th Cir. Sept. 9, 2016).

District Court Holds Current Owner of Contaminated Property Is Not Liable under CERCLA for Cleanup Costs Incurred Prior to Owner-


Commonwealth of Pennsylvania Department of Environmental Protection v. Trainer Custom Chemical LLC, ___F.Supp.3d___, Case No. 15-1232 (E.D. Pa. Aug. 30, 2016).

District Court Dismisses Water Company from Class Action Alleging Negligent Interruption in Water Supply and Exposure to Contaminants222

Crystal Good et al. v. American Water Works Co. Inc. et al., ___F.Supp.3d___, Case No. 2:14-cv-01374 (S.D. W.V. Sept. 26, 2016).

District Court Finds Bankruptcy Discharge Cannot Bar CERCLA Contribution Claims Not Yet Legally Recognized at the Time of the Bankruptcy Filing or the Discharge224

DMJ Associates, L.L.C. v. Capasso, ___F.Supp.3d___, Case No. 97-CV-7285 (DLI)(RML) (E.D. N.Y. Sept. 22, 2016).

District Court Finds Timing of Completion of Removal Action Triggers Running of Statute of Limitations under CERCLA226

U.S. v. Boston and Maine Corp., ___F.Supp.3d__, Case No. 13-10087-IT (D. Mass. Sept. 22, 2016).