Western Water Law & Policy Reporter

WESTERN WATER NEWS

Eastern Snake Plain Aquifer Ground Water Management Area Ground Water Plan Development Effort Underway in Earnest303

Drought: Water Availability and Allocation Challenges in the Ogallala Aquifer Region of the Great Plains304

LEGISLATIVE DEVELOPMENTS

California State Assembly Approves AB 1572 to Ban Use of Potable Water on Non-Functional Turf Beginning in 2027307

REGULATORY DEVELOPMENTS

‘Waters of the United States’ Redefined—EPA and the Corps Issue Conforming WOTUS Rule in Wake of the Sackett Decision Narrowing the ‘Reach’ of the Clean Water Act309

U.S. EPA Enters into Settlement Agreement to Further Assess Pesticide Risks to Threatened and Endangered Species311

EPA Agrees to Investigate First-Ever Title VI Claim Stemming from the State Water Board’s Actions on the San Francisco Bay-Delta Plan312

U.S. Bureau of Reclamation Receives Scoping Comments on Post-2026 Colorado River Operations314

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions316

LAWSUITS FILED OR PENDING

Environmental and Health Groups File Suit against Utah State Agencies Seeking to Enforce Public Trust Doctrine Obligations as to the Great Salt

Lake319

JUDICIAL DEVELOPMENTS

Federal:

D.C. Circuit Finds U.S. Surface Transportation Board Failed to Take a ‘Hard Look’ at Utah Oil Rail Project’s Environmental Impacts under

NEPA321

Eagle County, Colorado v. U.S. Surface Transportation Board et al., ___F.4th___, Case No. 22-1019 (D.C. Cir. 2023); Center for Biological Diversity et al. v. U.S. Surface Transportation Board et al., ___F.4th___, Case No. 22-1020 (D.C. Cir. 2023).

Fourth Circuit Applies the Major Questions Doctrine to Limit the Scope of the Clean Water

Act323

North Carolina Coastal Fisheries Reform Grp. v. Capt. Gaston LLC, 76 F.4th 291 (4th Cir. Aug. 7, 2023).