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Eastern Water Law & Policy Reporter

October 2017

Volume 12, Number 8 October 2017


Ten States Urge U.S. Supreme Court to Review Ninth Circuit’s Decision in Agua Caliente Regarding the Extension of Federal Reserved Water Rights to Groundwater191

News from the West193


Recent Investigations, Settlements, Penalties and Sanctions197



Ninth Circuit Rules 1998 RCRA Decree Did Not Trigger Asarco’s Contribution Claim under CERCLA § 113(f)199

Asarco LLC. v. Atlantic Richfield Company, ___F.3d___, Case No. 14-35723 (9th Cir. Aug. 10, 2017).

Ninth Circuit Holds U.S. Forest Service Did Not Violate NEPA or Forest Management Act in Developing Parking Areas in Deschutes National Fo-rest201

Wild Wilderness v. Allen, ___F.3d___, Case No. 14-35505, (9th Cir. Sept. 8, 2017).

District Court Dismisses Motion to Dismiss for Lack of Subject Matter Jurisdiction under the Clean Water Act’s Citizen Suit Provision204

Clean Water Action v. Searles Auto Recycling, Corp., ___F.Supp.3d___, Case No. 16-12067-NMG (D. Mass. Aug. 7, 2017).

District Court Denies EPA’s Petition for Fees and Fines for Refusal to Comply with UAO, Citing ‘Arbitary and Capricious’ Decision-Making, in Groundwater, Wetlands and Land Pollution Case206

Emhart Industries, Inc. v. New England Container Company, ___F.Supp.3d___, Case No. 06-218, (D. R.I. Aug. 17, 2017).

District Court Denies Summary Judgment on Clean Water Act Citizen Suit as Discharge May Not Be Tied to City’s Conduct208

Kleinman v. City of Austin, ___F.Supp.3d___, Case No. 1:15-cv-497-RP (W.D. Tex. Aug. 18, 2017).