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Eastern Water Law & Policy Reporter

February 2018

Volume 13, Number 1 February 2018


Trump Administration Officially Repeals Obama-Era Fracking Rules3

News from the West4


Recent Investigations, Settlements, Penalties and Sanctions8



Unanimous Supreme Court Rules ‘Waters of the United States’ Challenges Are Jurisdictional with the U.S. District Courts11

National Association of Manufacturers v. Department of Defense et al., Supreme Court Case No. 16–299 (Jan. 22, 2018).

Tenth Circuit Holds Conservation Groups May Intervene in Litigation Taking Aim at Oil and Gas Leasing Policy Reforms Conservation Groups Had Negotiated with BLM13

Western Energy Alliance v. Zinke, 877 F.3d 1157 (10th Cir. 2017).

District Court Holds Clean Water Act Notice of Intent to Sue Insufficient for Not Accurately Stating the Date of Violation16

Black Warrior Riverkeeper, Inc. v. Metro Recycling, ___F.Supp.3d___, Case No. 2:17-cv-01050-LSC (N.D. Al. Dec. 18, 2017).

District Court Allows Majority of Class Action Claims to Proceed regarding Chemicals Contaminating Local Groundwater and Land18

Brown v. Saint-Gobain Performance Plastics, ___F.Supp.3d___, Case No. 16-cv-242-JL (D. N.H. Dec. 6, 2017).

District Court Finds Plaintiffs Failed to Show Arbitrary and Capricious Action by the U.S. Army Corps of Engineers in Granting Mosaic Fertilizer a Clean Water Act Permit20

Center for Biological Diversity v. U.S. Army Corps of Engineers, ___F.Supp.3d___, Case No. 8:17-cv-618-T-23MAP (M.D. Fl. Dec. 14, 2017).

District Court Finds Causation and Redressability Elements of Standing Not Met when Challenged Agency Regulations Track Enabling Statute22

National Wildlife Federation v. U.S. Department of Transportation, ___F.Supp.3d___, Case No. 15-cv-13535 (E.D. Mich. Dec. 12, 2017).

Environmental Group’s Effort to Classify Recycling Businesses as Industrial Facilities Requiring Clean Water Act Permits Rejected by District


Sierra Club v. Con-Strux, LLC, ___F.Supp.3d___, Case No. CV 16-4960 (E.D. N.Y. Dec. 29, 2017).