Eastern Water Law & Policy Reporter

FEATURE ARTICLE

147

WATER NEWS

President Trump Reverses Obama-Era Ocean Policies via New Executive Order152

News from the West153

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions158

JUDICIAL DEVELOPMENTS

Federal:

Second Circuit Finds State Law Claims Seeking Recovery for Contamination Released during Water Pollution Superfund Cleanup Are Preempted under CERCLA161

Bartlett et. al. v. Honeywell International Inc., ___F.3d___, Case No. 17-1907-CV (2nd Cir. May 25, 2018).

D.C. Circuit Grants Petition Challenging EPA’s Final Rule Adding the West Vermont Drinking Water Contamination Site to the National Priorities

List163

Genuine Parts Company v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 16-1416 (D.C. Cir. May 18, 2018).

Fourth Circuit Dismisses Lawsuit Filed by Plaintiff for Local Dispute Alleging Clean Water Act Violations164

Schneider v. Donaldson Funeral Home and Howard County, Unpublished, Case No. 17-1183 (4th Cir. May 9, 2018).

Eighth Circuit Treats Hydrologically-Connected Water Bodies as Separate for Purposes of Clean Water Act Permitting of Transportation Facilities166

Sisseton-Wahpeton Oyate of the Lake Traverse Reservation v. U.S. Army Corps of Engineers, 888 F.3d 906 (8th Cir. 2018).

Fourth Circuit Finds That Indirect ‘Discharges of a Pollutant’ May Violate the Clean Water Act169

Upstate Forever v. Kinder Morgan Energy Partners, L.P., 887 F.3d 637 (4th Cir. 2018).