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Eastern Water Law & Policy Reporter

April 2017

Volume 12, Number 3 April 2017


President Trump’s Executive Order Seeks Revision Limiting Scope of ‘Waters of the United States’ under the Clean Water Act59

President Trump’s Executive Order Requires Elimination of Two Regulations for Every New Regulation61

News from the West62


Recent Investigations, Settlements, Penalties and Sanctions66



Ninth Circuit Reverses District Court Decision Involving EPA Registration of Pesticide and Alleged Violation of the Endangered Species Act68

Center for Biological Diversity v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-16977 (9th Cir. Feb. 2, 2017).

D.C. Circuit Finds It Lacks Jurisdiction to Review EPA’s Decision to Not Follow Eighth Circuit Clean Water Act Precedent69

Center for Regulatory Reasonableness v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-1150 (D.C. Cir. Feb. 28, 2017).

Divided Fifth Circuit Decides Areas Uninhabitable by a Species May Nonetheless Be Designated that Species’ ‘Critical Habitat’ under the


Markle Interests, L.L.C., et al. v. U.S. Fish and Wildlife Service, et al., ___F.3d___, Case Nos. 14-31008, Cons. with 14-31021 (5th Cir. Feb 13, 2017).

District Court Affirms State Court Determination—Finds Plaintiff Cannot Use CERCLA as a Shield to Block a State Cleanup Plan72

Atlantic Richfield Company v. Christian, ___F.Supp.3d___, Case No. 15-83-BU-BMM (D. Mt. Feb. 15, 2017).

District Court Rejects City’s Challenge to Clean Water Act TMDL for Lack of Standing and Ripeness74

City of Kennett v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 1:14-CV-33-SNLJ (E.D. Mo. Feb. 28, 2017).

District Court Finds Government’s Current CERCLA Action against Successors-in-Interest is Not Barred by Former Owner/Operator’s Bankruptcy or Earlier RCRA Settlement76

U.S. v. Land O’Lakes, Inc. and Cushing, Oklahoma Brownfields, LLC, ___F.Supp.3d___, Case No. CIV-16-170-R (W.D. Ok. Feb. 22, 2017).