FEATURE ARTICLE
Washington Pollution Control Hearings Board Affirms the Department of Ecology’s Use of Substantive SEPA Authority to Deny Water Quality Certification by Sarah Mack, Esq., Tupper Mack Wells, PLLC, Seattle, Washing-
ton275
WESTERN WATER NEWS
Proposed Project to Increase Hoover Dam Power Production via Solar and Wind Energy in Its Early Stages279
Local Groundwater Market Allocation and Trading System Takes Root in California’s Ventura County280
Water Users Wary of State Agency Rulemaking Seeking Amendment to Idaho’s Recreational Water Quality Standards282
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions285
LAWSUITS FILED OR PENDING
Cross-Border U.S.-Mexico Sewage Pollution Claim Makes Its Way to Federal Court290
Gold King Mine Spill, Impacting Colorado and New Mexico—Fifth Federal Lawsuit Filed against EPA by Navajo Farmers and Ranchers292
RECENT FEDERAL DECISIONS
EPA’s Section 316(B) NPDES Rule for Cooling Water Intake Structures Upheld by Second Cir-
cuit295
Cooling Water Structure Intake Coalition, et al., v. U.S. Environmental Protection Agency, et al, ___F.3d___, Case No. 14‐4645 (2nd Cir. July 23, 2018).
District Court Rejects Challenge to Pelton Round Butte Hydroelectric Project Operations on the Deschutes River297
Deschutes River Alliance v. Portland General Electric Company, ___F.Supp.3d___, Case No. 3:16-cv-1644 (D. Or. Aug. 3, 2018).
RECENT STATE DECISIONS
Colorado Supreme Court Rules Right to Reuse Return Flows Not Included in Augmentation Plan-
s299
Coors Brewing Co. v. City of Golden, 2018 CO 63 (Colo. 2018)
Nevada Supreme Court Accepts Certified Question from the Ninth Circuit Regarding Application of Public Trust Doctrine to Adjudicated Water Right-
s301
Mono County, et al. v. Walker River Irr. Dist., et al., 890 F.3d 1174 (9th Cir. 2018) (certifying question to Nevada Supreme Court); Mineral County, et al. v. Lyon County, et al., Nevada Supreme Court Case No. 75917 (July 18, 2018) (accepting certified question and directing briefing).
