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Eastern Water Law & Policy Reporter

July 2023

Volume 18, Number 6 July 2023

FEATURE ARTICLE

SCOTUS Limits WOTUS: Jurisdictional Waters and Wetlands under the Clean Water Act Must Be Relatively Permanent, Standing, or Continuously Flowing Bodies of Water by Nicole Granquist, Esq. and Jaycee Dean, Esq., Downey Brand, LLP, Sacramento125

WATER NEWS

Lower Colorado River Basin Representatives Come to Agreement on Consensus-Based System Conservation Proposal for Near-Term River Operations130

News from the West131

LEGISLATIVE DEVELOPMENTS

Proposed U.S. Senate Bills Would Expand Funding and Eligibility for Environmental Protection Programs136

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions138

JUDICIAL DEVELOPMENTS

U.S. Supreme Court Denies Navajo Nation a Court-Mandated Solution to Water Access140

Arizona et al. v. Navajo Nation, et al, ___U.S.___, Case No. 21-1484 (June 22, 2023).

Federal:

Fifth Circuit Determines City Stormwater Management Fees Are Not ‘Reasonable Service Charges’ on Federal Facilities143

City of Wilmington v. United States, 68 F.4th 1365 (5th Cir. 2023).

Eleventh Circuit Dismisses Clean Water Act Citizen Suit Based on Diligent Prosecution Bar145

South River Watershed Alliance, Inc. v. Dekalb County, Georgia, 69 F.4th 809 (11th Cir. May 31, 2023).