Eastern Water Law & Policy Reporter

FEATURE ARTICLE

Let’s Get Physical—Water Rights, Takings, and the Endangered Species Act

by Austin Cho, Esq., Downey Brand LLP, Sacramento, California3

EASTERN WATER NEWS

State Sues Federal Agencies Alleging Inadequate Environmental Assessment of Offshore Fracking, Following Two Other Lawsuits9

News from the West10

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions15

JUDICIAL DEVELOPMENTS

Federal:

District Court Finds EPA’s Approval of Rhode Island’s Clean Water Act TMDL Reports Did Not Constitute a Determination of Stormwater Discharges18

Conservation Law Foundation v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 15-165-ML (D. RI Dec. 13, 2016).

District Court Finds Mississippi Numerical Water Quality Standards Are Not Compelled by the Clean Water Act20

Gulf Restoration Network v. Jackson, ___F.Supp.3d___, Case No. 12-677 (E.D. La. Dec 15, 2016).

District Court Finds RCRA Does Not Create a Private Right to Recover Damages in Soil and Groundwater Contamination Case22

Hollingsworth v. Hercules, Inc., ___F.Supp.3d___, Case No. 2:15-CV-113-KS-MTP (S.D. Miss. Dec. 22, 2016).

District Court Rejects Maine’s Challenge to EPA Disapproval of Water Quality Standards under the Clean Water Act24

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