Western Water Law & Policy Reporter
March 2018
Volume 22, Number 5
March 2018
FEATURE ARTICLE
127
REGULATORY DEVELOPMENTS
Federal Energy Regulatory Commission Issues Notice Accepting Utah’s Application for Lake Powell Pipeline134
California WaterFix: State Water Resources Control Board Delays Start of Part 2135
Nevada State Engineer Issues Order to Curb New Domestic Wells in Pahrump Basin137
Under Threat of Lawsuit, Federal Wildlife Services Program Agrees to Suspend and Evaluate Oregon Aquatic Mammal Damage Management Progr-
am138
LAWSUITS FILED OR PENDING
Texas v. Colorado and New Mexico Update—Oral Arguments on the United States’ Complaint of Intervention140
JUDICIAL DEVELOPMENTS
Federal:
U.S. Supreme Court Clarifies Procedure for Challenging Regulations Defining the Scope of the Clean Water Act, Leaving Substance Unresolv-
ed143
National Association of Manufacturers v. Department of Defense, ___U.S.___, S. Ct. Case No. 16-299 (U.S. Jan. 22, 2018).
First Circuit Holds EPA Has Discretion on Whether to Serve Individual Clean Water Act Notices on Stormwater Dischargers145
Conservation Law Foundation, et al. v. Scott Pruitt, Administrator of the U.S. Environmental Protection Agency et al., 881 F.3d 24 (1st Cir. 2018).
Ninth Circuit Finds Pollution from Wells to the Pacific Ocean Constituted Point Sources under the Clean Water Act—The Stage May be Set for U.S. Supreme Court Determination147
Hawai’i Wildlife Fund v. County of Maui, ___F.3d___, Case No. 15-17447 (9th Cir. Feb. 1,2018).
District Court Denies Summary Judgment Motion Brought against Honeywell Seeking to Limit Soil and Groundwater Environmental Indemnity150
Hammond, Kennedy, Whitney & Co., Inc. v. Honeywell International, Inc., ___F.Supp.3d___, Case No. 1:16-cv-09808 (N.D. Ill. Jan. 29, 2018).
District Court Finds that Landowner which Did
Not Pollute Site Still Liabie under CERCLA
Contribution Claim for Soil and Groundwater Contamination152
Valbruna Slater Steel Corporation, et al., v. Joslyn Manufacturing Company, et al., ___F.Supp.3d___, Case No. 1:10-CV-044 JD (N.D. Ind. Jan. 16, 2018).
