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Eastern Water Law & Policy Reporter

April 2018

Volume 13, Number 3 April 2018


U.S. Army Corps and EPA Delay Implementation of Controversial Rule Defining ‘Waters of the United States’ under the Clean Water Act63

U.S. Army Corps of Engineers Seek Trump Administration Clarification of Review Process for Historical Impacts Analysis65

News from the West66


Recent Investigations, Settlements, Penalties and Sanctions71



Second Circuit Holds State Water Commission to Strict One-Year Review Period for Water Quality Certifications under the Clean Water Act74

New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission, ___F.3d___, Case No. 17-3770 (2nd Cir. Mar. 12, 2018)

District Court Rules That Final EIS/EIR and BiOp for Water Transfers Did Not Fully Comply with the NEPA, CEQA, and the ESA75

AquAlliance v. U.S. Bureau of Reclamation, et al., ___F.Supp.3d___, Case No. 1:15-cv-754-LJO-BAM (E.D. Cal. Feb. 15, 2018).

District Court Holds It Can Hear an Action against EPA’s Denial of a Clean Water Act Petition in the First Instance78

Blue Water Baltimore, Inc. v. Pruitt, ___F.Supp.3d___, Case No. GLR-17-1253 (D. Md. Feb. 05, 2018).

District Court Holds that Plaintiff Sufficiently Alleged Defendant’s Contribution Liability to the Relevant Contamination in CERCLA/RCRA


Clean Harbors Services, Inc. v. The Illinois International, Port District, ___F.Supp.3d___, Case No. 12-CV-7837 (N.D. Ill. Feb. 15, 2018).

District Court Finds One Consent Order Resolved Liability Allowing a CERCLA Action, but the

Second Order Highlights a Split in the Second


Cooper Crouse-Hinds, LLC, et al., v. City of Syracuse, et al., ___F.Supp.3d___, Case No. 16-CV-1202 (N.D. N.Y. Feb. 12, 2018).

District Court Finds Plaintiff’s Clean Water Act Lawsuit Was Barred by Sovereign Immunity84

Tressler v. Summit Township and the Commonwealth of Pennsylvania, ___F.Supp.3d___, Case No. 3:17-cv-32 (W.D. Penn. Feb. 16, 2018).