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Eastern Water Law & Policy Reporter

January 2017

Volume 11, Number 11 January 2017

FEATURE ARTICLE

The Federal Clean Water Act and MS4 Permits: Paying for Clean Water in California by Rebecca Andrews, Esq., Best Best 255

EASTERN WATER NEWS AND DEVELOPMENTS

West Virginia and Maryland Agree on the Riparian Use of the Potomac Riv-

er261

Environmental Organizations Sue Federal Agencies over Environmental Assessment of Offshore Fracking, Seeking to Compel Further Environmental Analysis262

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions265

JUDICIAL DEVELOPMENTS

Federal:

Sixth Circuit Remands Professional Negligence Case Arising from the Flint Water Crisis to State Court269

Jennifer Mason et al. v. Lockwood, Andrews & Newnam, P.C., et al., ___F.3d___, Case No. 16-2313 (6th Cir. Nov. 16, 2016).

Fifth Circuit Reverses and Remands District Court’s Summary Judgment on Whether Land Constituted Waters of the United States271

U.S. v. Lipar, et al., ___F.3d___, Case No. 15-20625 (5th Cir. Nov. 7, 2016).

Sixth Circuit Holds Reasonable but Mistaken Belief in Contract Obligation in Fracking Dispute Cannot Give Rise to Liability under False Claims

Act273

U.S. v. Muskingum Watershed Conservancy District, ___F.3d___, Case No. 15-4460 (6th Cir. Nov. 21, 2016).

District Court Denies Remand of Class Alleging Drinking Water Well Contamination to State Court on the Basis of Local-Controversy Exception to Class Action Fairness Act Jurisdiction274

Brown v. Saint-Gobain Performance Plastics Corp., ___F.Supp.3d___, Case Nos. 1:16-cv-00242 and 1:16-cv-00243 (D. N.H. Nov. 30, 2016).

District Court Rejects Maine’s Challenge to EPA Disapproval of Water Quality Standards under the Clean Water Act276

State of Maine, et al., v. Gina McCarthy, et al., ___F.Supp.3d___, Case No. 1:14-cv-00264-JDL (D. Me. Nov. 18, 2016).