Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Eastern Water Law & Policy Reporter

June 2019

Volume 14, Number 5 June 2019


Florida Makes Science Paramount in Water Resources, Water Quality and Sea Level Rise Concerns119

News from the West120


EPA Issues Interpretive Statement on Application of the Clean Water Act to Point Source Discharges to Groundwater124


Recent Investigations, Settlements, Penalties and Sanctions126



D.C. Circuit Addresses Identifying and Mitigating Environmental Impacts, under NEPA, of James River Project on Historical Properties130

National Parks Conservation Association v. Semonite, 916 F.3d 1075 (D.C. Cir. 2019).

Sixth Circuit Holds Public Comments in Administrative Proceedings Are Insufficient to Establish ‘Injury’ for Standing in Challenging Agency Act-


Protecting Air for Waterville v. Ohio Environmental Protection Agency, ___F.3d___, Case No. 18-3025 (6th Cir. Feb. 21, 2019).

Eighth Circuit Affirms Joint and Several Liability for Punitive Damages under CERCLA for ‘Arrangers’ for PCB Contamination134

U.S. v. Dico, Inc., ___F.3d___, Case No. 17-3462, (8th Cir. Apr. 11, 2019).

Ninth Circuit Revives Environmental Groups’ NEPA Challenge to Department of Agriculture’s Gray Wolf Killing Policy135

Western Watersheds Project et al. v. Todd Grimm et al., ___F.3d___, Case No. 18-35075 (9th Cir. Apr. 23, 2019).

District Court Finds Federal Government Waived Sovereign Immunity for Negligent Responses to Flint Water Crisis137

Burgess v. United States, ___F.Supp.3d___, Case Nos. 17-11218, 18-10243 (E.D. Mich. Apr. 18, 2019).