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Western Water Law & Policy Reporter

March 2015

Volume 19, Number 5 March 2015


Miami-Dade County’s Commissioners Wake Up and Smell the Sea Level Rise in Florida127


EPA and NOAA Reject Oregon’s Coastal Nonpoint Pollution Program Due to Inadequate Protection of Water Quality from Forestry Impacts130

California Department of Conservation Releases Draft Environmental Impact Report for Fracking133

California State Water Resources Control Board Issues Notice of Surface Water Shortage and Potential for Curtailment of Water Right Diversions for 2015134

Curtailment of Idaho Groundwater Rights by the State DWR in Rangen Delivery Call Inches Closer to Reality Unless Mitigation Plan Is Timely Completed136


Montana v. Wyoming Update—Special Master Finds Wyoming Liable for Yellowstone River Compact Violations, but for Only Two Years138



Sixth Circuit Finds Statute of Limitations Period for CERCLA Contribution Claims Begins on the Effective Date of an Administrative Settlement141

LWD PRP Group v. Alcan Corp., et al., ___F.3d___, Case No. 14-5730 (6th Cir. Jan. 14, 2015).

Sixth Circuit Upholds Clean Water Act NPDES ‘Permit Shield’ from General Permit143

Sierra Club v. ICG Hazard, LLC, ___F.3d___, Case No. 13-5086 (6th Cir. Jan. 27, 2015).

Fifth Circuit Holds Lack of Intent to Dispose Is Key in Rejection of CERCLA ‘Arranger’ Liability in Soil and Groundwater Contamination Case144

Vine Street LLC v. Borg Warner Corp., ___F.3d___, Case No. 07-40440 (5th Cir. Jan. 16, 2015).

District Court Allows Bureau of Land Management to Continue Illegal Discharges from Public Groundwater Production Source147

Myers v. U.S. Bureau of Land Management, ___F.Supp.3d___, Case No. 13-cv-00701-RM-BNB (D. Colo. Jan. 13, 2015).

District Court Applies ‘Innocent Landowner Defense’ to Defendant that Had No Reason to Know of Soil and Groundwater Contamination from Dry Cleaning Activities148

Viola Coppela v. Gregory Smith, ___F.Supp.3d___, Case No. 11-cv-01257-AWI-BAM (E.D. Cal. Jan. 15, 2015).

District Court Finds Potential CERCLA Liability

for Discharge of Aerial Emissions in Canada Resulting in Pollutants Contaminating U.S. Water


Pakootas v. Teck Cominco Metals, Ltd., ___F.Supp.3d___, Case No. CV-04-256-LRS (E.D. Wash. Dec. 31, 2014).

District Court Precludes County’s Attempt to Prohibit Application of Supremacy Clause and Preemption Doctrine to Ban Certain Oil and Gas Mining—Including Fracking153

Swepi, LP v. Mora County, N.M., ___F.Supp.3d___, Case No. CIV 14-0035 JB/SCY (D. N.M., Jan. 19, 2015).