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Eastern Water Law & Policy Reporter

October 2021

Volume 16, Number 8 October 2021

EASTERN WATER NEWS

News From the West177

LEGISLATIVE DEVELOPMENTS

Bipartisan U.S. Senate Infrastructure Bill Includes $2.3 Billion to Improve or Remove Dams181

REGULATORY DEVELOPMENTS

U.S. Bureau of Reclamation Declares First-Ever Water Shortage for the Colorado River, Mandating Reduced Deliveries to the States of Arizona, Nevada and to Mexico183

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions185

JUDICIAL DEVELOPMENTS

Federal:

The Sackett Saga Sequel—Ninth Circuit Continues to Uphold the Significant Nexus Test for Navigable Waters Under the Federal Clean Water

Act187

Sackett v. U.S. Environmental Protection Agency, ___F.4th___, Case No. 19-35469 (9th Cir. Aug. 12, 2021).

Ninth Circuit Upholds U.S. Army Corps Plan to Dredge Navigational Channels In San Francisco Bay under the Coastal Zone Management

Act190

San Francisco Bay Conservation & Development Commission v. U.S. Army Corps of Engineers, 8 F.4th 839 (9th Cir. 2021).

Trump Era Modifications to the Definition of the ‘Waters of the United States’ Remanded by the District Court to the EPA for Further Clarifica-

tion192

Pascua Yaqui Tribe, et al. v. United States Environmental Protection Agency, et al., Unpub., Case No. CV-20-00266-TUC-RM (D. Az Aug. 30, 2021).

District Court Denies Clean Water Act Defendants’ Motions to Dismiss Indictment Counts for Insufficient Pleadings194

United States v. Bruce Evans, and Bruce Evans, Jr., ___F.Supp.4th___, Case No. 3:19-CR-009 (M.D. Pa. Aug. 19, 2021).