Eastern Water Law & Policy Reporter

FEATURE ARTICLE

U.S. Bureau of Reclamation Issues Record of Decision for Long-Term Plan to Protect Adult Salmon in the Lower Klamath River by Daniel O’Hanlon, Esq., Kronick Moskovitz Tiedemann 135

EASTERN WATER NEWS

Exxon Shareholders Demand Disclosure of Climate Change Impacts on Investments139

News from the West140

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions144

LAWSUITS FILED OR PENDING

District Court Denies Motion to Dismiss in Georgia Clean Water Act

Land Application Case, which Ultimately Will Address the Reach of the

Act146

JUDICIAL DEVELOPMENTS

Federal:

Sixth Circuit Finds Settlement in Administrative Order with EPA Precludes Insurance Coverage for Releases into Waterway from Policyholder’s Facil-ity148

Arrowood Indemnity Company v. Lubrizol Corporation, ___F.3d___, Case No. 16-3463 (6th Cir. June 1, 2017).

Second Circuit Finds Insurer Had No Duty to Defend or Indemnify in Underlying State Court Action for Chemical Contamination at Love Canal Superfund Site150

Cincinnati Insurance Co. v. Roy’s Plumbing, Inc., ___F.3d___, Case No. 16-2511-CV (2nd Cir. May 31, 2017).

D.C. Circuit Finds Clean Water Act Does Not Expressly Preempt EPA’s Ability to Withhold Data in the Face of a FOIA Request151

Environmental Integrity Project v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-1282 (D.C. Cir. 2017).

Sixth Circuit Addresses First Amendment Protected Speech in the Context of CWA Discharge Test Results and Hiring Practices at Wastewater Treatment Plant154

Mayhew v. Town of Smyrna, Tennessee, 856 F.3d 456 (6th Cir. 2017).

Second Circuit Affirms Judgment Rejecting ‘Single Enterprise Theory’ of CERCLA Liability for Release Caused by Four-Decade Old Fire156

Next Millennium Realty, LLC v. Adchem Corp., ___F.3d___, Case No. 16-1260-cv (2nd Cir. May 11, 2017).