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Eastern Water Law & Policy Reporter

June 2023

Volume 18, Number 5 June 2023

FEATURE ARTICLE

99

WATER NEWS

News from the West103

LEGISLATIVE DEVELOPMENTS

Federal Open Access Evapotranspiration Data Act in Congress Proposes Significant Updates to Water Measurement and Management107

REGULATORY DEVELOPMENTS

National Marine Fisheries Service Maintains Endangered Listing Status for Southern California Steelhead109

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions111

JUDICIAL DEVLOPMENTS

Circuit Court of Appeals:

D.C. Circuit Requires EPA to Regulate Perchlorate Levels in under the Safe Drinking Water Act115

NRDC v. Regan, ___F.4th___, Case No. 20-1335 (D.C. Cir. May 9, 2023).

Fourth Circuit Requires Discharger to Renew NPDES Permits under General Compliance Requirements in Consent Decree117

United States of America v. Southern Coal Corporation, 64 F.4th 509 (4th Cir. 2023).

District Court:

District Court Reduces Attorney’s Fees Award in Clean Water Act Citizen Suit118

Conservation Law Foundation, Inc. v. Mason, ___F.Supp.4th___, Case No. 1:18-cv-00996-PB (D. N.H. April 26, 2023).

District Court Affirms Parties Cannot Contractually Avoid CERCLA Liability to the U.S. Govern-

ment120

United States v. The Boeing Company, ___F.Supp.4th___, Case Number 2:22-cv-00485 (W.D. Wash. Apr. 25, 2023).