Eastern Water Law & Policy Reporter

FEATURE ARTICLE

235

WATER NEWS

News from the West240

REGULATORY DEVELOPMENTS

IPCC Issues Special Report Cautioning against the Impact of Global Warming above 1.5 Degrees Celsius244

New Proposed Rule and Pending Supreme Court Case Have the Potential to Limit Designation of Unoccupied Areas as Critical Habitat under Federal Endangered Species Act245

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions247

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Rejects Challenge to Oregon Senate Bill Which Banned Motorized Mining in Salmonid Habitat Areas, Finding No Federal Preemp-

tion251

Bohmker v. Oregon, 903 F.3d 1029 (9th Cir. 2018).

Deepening a Circuit Split, Tenth Circuit Holds Six-Year Statute of Limitations Applied to Many Federal Environmental Statutes Is Subject to Equitable Tolling253

Chance v. Zinke, 898 F.3d 1025 (10th Cir. 2018).

Federal Circuits Split on Applicability of Clean Water Act to Groundwater Contamination with Sixth Circuit’s September 2018 Decision255

Tennessee Clean Water Network, et al v. Tennessee Valley Authority, ___F3d___, Case No. 17-6155 (6th Cir. Sept 24, 2018).

U.S. District Court Expands Environmental Protections in the U.S.-Mexico Border Regarding Water Contamination257

City of Imperial Beach, et al. v. International Boundary Commission-United State Section, ___F.Supp.3d___, Case No. 18cv457-JM-JMA (S.D. Cal. 2018).

Nationwide Injunction by the U.S. District Court Halts Trump Administration Rule Suspending the Obama-Era Rule Defining “Waters of the United States”260

South Carolina Coastal Conservation League et al. v. Pruitt, 318 F.Supp.3d 959 (D. S.C. 2018).