FEATURE ARTICLE
Water in the United States Commoditized?—A New Pricing Index Emerges on the NASDAQ® for the Value of Water by Derek Hoffman, Esq. and Michael Duane Davis, Esq., Gresham|Savage, San Bernardino, California59
WATER NEWS
News from the West64
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions67
LAWSUITS FILED OR PENDING
What is a Point Source? U.S. Supreme Court Set to Address This and the Scope of the Clean Water Act in County of Maui71
JUDICIAL DEVELOPMENTS
Federal:
Fourth Circuit Affirms EPA’s Decision Disapproving a Revised Standard for the Receiving of Waters to a Wastewater Treatment Facility73
Sanitary Board of Charleston v. Wheeler, ___F.3d___, Case No. 18-1592 (4th Cir. Mar. 12, 2019).
District Court Holds that Federal Statutes Preempt Local Land Use Zoning Ordinance for Natural Gas Pipeline Project74
Algonquin Gas Transmission, LLC v. Town of Weymouth, ___F.Supp.3d___, Case No. CV 18-10871-DJC (D. Mass. Feb. 11, 2019).
District Court Holds Army Corps’ Decision to Maintain Tidal Waters Definition of ‘High Tide Line’ is Final Agency Action for Subject Matter Jurisdiction76
Sound Action v. U.S. Army Corps of Engineers, ___F.Supp.3d___, Case No. C18-0733 (W.D. Wash. Feb. 5, 2019).
District Court Finds It Has Jurisdiction under CERCLA of UK Entity for ‘Directed’ Activities in the U.S. during Corporate Merger78
Successor Agency to the Former Emeryville Redevelopment Agency v. Swagelok Co., ___F.Supp.3d___, Case No. 17-cv-00308 (N.D. Cal. Jan. 30, 2019).