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Eastern Water Law & Policy Reporter

May 2017

Volume 12, Number 4 May 2017


Fulfilling Campaign Promise, President Trump Begins Expected Repeal of Clean Power Plan83

News from the West85


Recent Investigations, Settlements, Penalties and Sanctions90



Fifth Circuit Finds Federally-Permitted Activity Does Not Give Rise to State Tort Liability Absent Independent Duty to Plaintiff Established under State Law93

Board of Commissioners of the Southeast Louisiana Flood Protection Authority v. Tennessee Gas Pipeline Co., ___F.3d___, Case No. 15-30162 (5th Cir. Mar. 3, 2017).

District Court finds Plaintiff Properly Alleged the Release of Hazardous Substances under CERCLA in Water Contamination Case95

Citizens Development Corporation, Inc. v. County of San Diego, ___F.Supp.3d___, Case No: 12CV0334 GPC KSC (S.D. Cal. Mar. 23, 2017).

District Court in Massachusetts Finds EPA Residual Authority Determinations Involve Agency Discretion96

Conservation Law Foundation, Inc. & Charles River Watershed Association, Inc. v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 16-10397-RGS (D. Mass. Mar. 24, 2017).

District Court Finds Dredging and Filling of Wetlands an ‘Occurrence’ under a Contractor’s Commercial General Liability Policies98

JTO, Inc. v. Travelers Indemnity Co. of America, ___F.Supp.3d___, Case No. 1:16CV648 (N.D. Ohio Mar. 16, 2017).

District Court Finds Corps of Engineers Erred in Issuing CWA 404 Permit for Pier-Based Entertainment Venues

within State Park100

The City Club of N.Y. v. U.S. Army Corps of Engineers, ___F.Supp.3d___, Case No. 16 Civ. 3934 (S.D. NY Mar. 23, 2017).

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