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Eastern Water Law & Policy Reporter

November 2017

Volume 12, Number 9 November 2017


Local Water Traversing Forest Service Lands: What’s Mine Is Not Yours! by Wesley A. Miliband, Esq., Stoel Rives LLP, Sacramento, California215


Historic Colorado River Agreement between the United States and Mexico Extended with ‘Minute 323’ to the 1944 Mexican Water Treaty221

News from the West223


Recent Investigations, Settlements, Penalties and Sanctions225



Third Circuit Gives Useful Discussion of ‘Alternatives Analysis’ Needed to Satisfy NEPA Requirements for U.S. Army Corps of Engineer Clean Water Act Permits228

Delaware Riverkeeper Network v. U.S. Army Corps of Engineers, 869 F.3d 148 (3rd Cir. 2017).

Tenth Circuit Finds Statute Prohibiting Individuals from Crossing Private Lands to Collect Environmental Data from Adjacent Public Land Subject to First Amendment Protection230

Western Watersheds Project, et al. v. Peter K. Micheal, et al., ___F.3d___, Case No. 16-8083 (10th Cir. Sept. 7, 2017).

District Court Holds Defendant Could Not Pursue CERCLA 107(a) Claim for Costs Voluntarily Incurred as Facts Contradicted the Pleadings232

City of Bethany, Oklahoma v. Rockwell Automation, Inc., ___F.Supp.3d___, Case No. CIV-16-1005-D (W.D. Ok. Sept. 1, 2017).

District Court Dismisses Lawsuit Against Illinois EPA on Eleventh Amendment and Collateral Estoppel Grounds Regarding State’s Hazardous Waste Injection Control Program233

E.O.R. Energy LLC v. Alec Messina, ___F.Supp.3d___, Case No. 3:16-CV-03122, (C.D. Ill. Sept. 19, 2017).

District Court Confirms Limited Judicial Authority to Review Agency Resource Allocations from Lump Sum Congressional Appropriations235

Oceana, Inc. v. Ross, ___F.Supp.3d___, Case No. 1:15-cv-01220-ESH (D. D.C. Aug. 24, 2017).

District Court Finds No PRP Liability under CERCLA from the Purely Passive Flow of Contaminated Groundwater to Neighboring Property238

SPS Ltd. Partnership LLLP v. Sparrows Point, LLC, ___F.Supp.3d___, Case No. JFM-14-589 (D. Md. Sept. 6, 2017).

District Court Finds Seller of Property Liable as CERCLA Arranger for Response Costs and Punitive Damages241

U.S. v. Dico, Inc., ___F.Supp.3d___, Case No. 4:10-cv-00503 (S.D. Iowa Sep. 5, 2017).