EASTERN WATER NEWS

November 2006

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News from the West: Clean Water Act Litigation—Federal District Courts Address ‘Navigable Waters’ with Texas’ Intermittent Creeks; ‘Ongoing’ Water Pollution from Mining in Alaska; and Collateral Estoppel Principles in Mining Pollution Case in Colorado
U.S.A. v. Chevron Pipeline Co., 437 F. Supp.2d 605 (N.D. Tex. 2006); Adams v. Teck Cominco Alaska, Inc., ___F.Supp.2d___

Western judges are continually attempting to balance regional needs with the national framework of the Clean Water Act (CWA). However, the diverse terrains found in the West can frustrate efforts by lower courts to establish a consistent body of law as each new case brings an issue of first impression. Consequently, it is important to remain informed about lower court decisions dealing with the CWA.