Western Water Law & Policy Reporter
March 2017
Volume 21, Number 5
March 2017
FEATURE ARTICLE
Second Circuit Upholds EPA Rule Excluding Water Transfers from Regulation under the Federal Clean Water Act by Peter D. Nichols, Esq., Berg Hill Greenleaf Ruscitti, LLP, Boulder, Colorado123
WESTERN WATER NEWS
President Trump Signs Executive Orders to Advance the Keystone XL and Dakota Access Pipelines129
Arizona Water Shortage, Earth Fissures, and Land Subsidence130
Preparing for California’s Sustainable Groundwater Management: A Review of Groundwater Recharge132
REGULATORY DEVELOPMENTS
U.S. Fish and Wildlife Service Seeks Greater Influence with New Endangered Species Act Compensatory Mitigation Policy136
Four High-Priority Nevada Watersheds to Benefit from U.S. Department of Agriculture Funds to Improve Water Quality137
LAWSUITS FILED OR PENDING
Iowa’s Civil Water Wars Highlight the Mississippi Basin Water Quality Challenge139
JUDICIAL DEVELOPMENTS
Federal:
Tenth Circuit Holds Asarco’s Settlement Representations Not an Admission Contradicting Its CERCLA Contribution Claim141
Asarco, LLC v. Noranda Mining Co., ___F.3d___, Case No. 16-4045 (10th Cir. Jan. 3, 2017).
Fourth Circuit Holds Federal Clean Water Act Permit Does Not Shield Permittee from Liability for Violation of State Water Quality Standards143
Ohio Valley Environmental Coalition v. Fola Coal Co., LLC, ___F.3d___, Case No. 16-1024 (4th Cir. Jan. 4, 2017).
District Court Holds Drain Assessment Costs Imposed to Address Groundwater Contamination May Constitute CERCLA ‘Response Costs’145
Charter Township of Lansing and Lansing Township Downtown Development Authority v. Lansing Board of Water and Light, ___F.Supp.3d___, Case No. 1:14—cv-515 (W.D. Mi. Jan. 6, 2017).
District Court Holds Payment Pursuant to Settlement Agreement for Crude Oil Spill Was a Civil Penalty Not Subject to Contribution Action147
Chevron Pipe Line Company v. Pacificorp, d/b/a/ Rocky Mountain Power, ___F.Supp.3d___, Case No. 2:12-CV-287-TC (D. Ut. Jan. 27, 2017).
State:
California Court of Appeal Rejects ‘Wheeling Rates’ for Third-Party Agencies Based on Strict Pro Rata Allocations for System-Wide Costs149
Central San Joaquin Water Conservation District v. Stockton East Water District, ___Cal.App.5th___, Case No. C072218 (3rd Dist. Jan, 25, 2017).
