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Eastern Water Law & Policy Reporter

August/September 2022

Volume 17, Number 7 August/September 2022

FEATURE ARTICLE

U.S. Supreme Court Rules Major Questions Doctrine Prohibits Broad Delegation of Congressional Authority to Regulate Greenhouse Gas Emissions Systems by Deborah Quick, Esq. and Lucille Flinchbaugh, Esq., Perkins Coie, LLP, San Francisco, California147

WATER NEWS

News from the West153

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions158

LAWSUITS FILED OR PENDING

D.C. Circuit Dismisses Environmental Interest Groups’ Lawsuit Challenging U.S. EPA’s Approval of Oklahoma’s Coal Ash Plan under

RCRA162

United States Files Suit Against Idaho and the Idaho Department of Water Resources over Stockwater Rights164

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Upholds EIS and Comprehensive Conservation Plan for Two National Wildlife Refuges166

Audubon Society of Portland v. Haaland, 40 F.4th 917 (9th Cir. 2022).

Ninth Circuit Revisits the Meaning of ‘Transportation’ Under The Resource Conservation and Recovery Act167

California River Watch v. City of Vacaville, ___F.4th___, Case No. 20-16605 (9th Cir. July 1, 2022).

D.C. Circuit Upholds FERC’s Approval of Adelphia Pipeline Acquisition under NEPA169

Delaware Riverkeeper Network v. Federal Energy Regulatory Commission, ___F.4th___, Case No. 20-1206 (D.C. Cir. Aug. 2, 2022).

Federal Circuit Recognizes Cognizable Property Interest in Flowage Easement for Properties Flooded in Hurricane Harvey170

Milton v. United States, 36 F.4th 1154 (Fed. Cir. 2022).

Fourth Circuit Allows Clean Water Act Citizen Suit to Proceed Despite Ongoing Proceedings at the State Level172

Naturaland Trust, et al. v. Dakota Finance, et al., 41 F.4th 342 (4th Cir. July 20, 2022).