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Eastern Water Law & Policy Reporter

August/September 2017

Volume 12, Number 7 August/September 2017


EPA and the U.S. Army Corps of Engineers Do the Two-Step with ‘Waters of the United States’ Revision163

News from the West . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164


Recent Investigations, Settlements, Penalties and Sanctions168



U.S. Supreme Court Develops New Multi-Factor Test in Regulatory Takings Analysis172

Murr v. Wisconsin, ___U.S.___, 137 S.Ct. 1933, (June 23, 2017).

After Decades-Long Delay in Court-Ordered Agency Action, Petitioners Must File New Administrative Petition to Challenged Substance of Agency Action174

In re Pesticide Action Network North America v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-72794 (9th Cir. July 18, 2017).

The Merits of Asarco’s Contribution Claim Must Await an EPA Approved Remediation Plan176

Asarco, LLC v. Noranda Mining, Inc., ___F.Supp.3d___, Case No. 2:12-cv-527 DN (D. Ut. July 11, 2017).

District Court Dismisses Challenge to Approval of State’s Integrated Report of Surface Water Quality as Moot178

Blue Water Baltimore v. Pruitt, ___F.Supp.3d___, Case No. 16-452 (D. D.C. July 18, 2017).

District Court Rejects Monsanto’s Counterclaims Seeking to Defray Its PCB Contamination Responsibility under the Clean Water Act and CER-


City of Spokane v. Monsanto Company, ___F.Supp.3d___, Case No. 2:15-CV-00201-SMJ (E.D. Wash. July 10, 2017).

‘Diligent Prosecution’ Provision of Clean Water Act Does Not Bar Citizen’s Suit where Federal and

State Court Allegations Are Not Wholly Duplica-


Coosa Riverkeeper, Inc. v. Oxford Water Works and Sewer Board, ___F.Supp.3d___, Case No. 2:16-cv-01737 (N.D. Ala. June 16, 2017).

District Court Addresses whether the United States Has Sovereign Immunity when Acting as Trustee for the Navajo Nation in Mine Cleanup184

El Paso Natural Gas Company LLC v. U.S., ___F.Supp.3d___, Case No. CV-14-08165-PCT-DGC (D. Az. June 2/Aug. 15, 2017).