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Eastern Water Law & Policy Reporter

April 2019

Volume 14, Number 3 April 2019

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).