Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Western Water Law & Policy Reporter

October 2019

Volume 23, Number 11 October 2019

FEATURE ARTICLE

307

LEGISLATIVE DEVELOPMENTS

New California Law Provides New Notice Requirements for PFAS Chemicals in the State’s Drinking Water312

REGULATORY DEVELOPMENTS

U.S. Fish and Wildlife Service and NOAA Fisheries Jointly Announce Revisions to Regulations Implementing Portions of the Endangered Species

Act315

Oregon DEQ’s Revised Willamette Basin Mercury TMDL Rulemaking

Hurtles Toward Court-Ordered November 2019 Deadline316

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions319

LAWSUITS FILED OR PENDING

Fishing Groups and Tribes Challenge Biological Opinion on Klamath Project Operations324

JUDICIAL DEVELOPMENTS

Federal:

Fourth Circuit Vacates Second Incidental Take Permit for Atlantic Coast Pipeline326

Defenders of Wildlife v. Wildlife Services, ___F.3d___, Case No. 18-2090 (4th Cir. July 26, 2019).

U.S. District Court Remands 2015 ‘Waters of the U.S.’ Rule to Agencies for Further Notice and Comment328

Texas v. U.S. Environmental Protection Agency, 389 F.Supp.3d 497 (S.D. Tex. 2019).

State:

Colorado Supreme Court Rules that Water Court Jurisdiction Does Not Extend to Unadjudicated

Water Rights329

The Luskin Daughters 1996 Trust v. Young, 2019 CO 74 (Color. 2019).

Idaho Supreme Court Issues Comprehensive

Decision Regarding Federal Reserved Water Right Claims Concerning the Coeur d’Alene Tribe and Reservation332

United States, et al. v. State of Idaho, et al., ___P.3d___, Case Nos. 45381, 45382, 45383, and 45384 (Id. 2019).

Nevada Supreme Court May Continue to Exercise Equitable Powers over Water Rights Matt-

ers334

Wilson v. Happy Creek, Inc., 135 Nev.Adv.Op. 41 (Nev. 2019).