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Eastern Water Law & Policy Reporter

December 2023

Volume 18, Number 10 December 2023

WATER NEWS

Congressional Members, Seek Clarification of Apparent Columbia River System Operations Settlement Terms225

News from the West227

REGULATORY DEVELOPMENTS

EPA Publishes Final Rule—Requires PFAS Reporting under TSCA231

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions233

JUDICIAL DEVELOPMENTS

Circuit Court of Appeals:

Fifth Circuit Tosses Army Corps’ Derelict Environmental Assessment under Section 404 of the Clean Water Act236

O’Reilly v. All State Fin. Co., ___F.4th___, Case No. 22-30608 (5th Cir. Oct. 12, 2023).

District Court:

District Court Holds Subject Matter Jurisdiction under the Clean Water Act Is Independent of the Merits of the Claim238

Inland Empire Waterkeeper v. Corona Clay Company, ___F.Supp.4th___, Case No 10-26-2023 (C.D. Cal 2023).

District Court Allows Claims to Proceed against Wisconsin Prison for Eighth Amendment and Safe Drinking Water Act Violations240

Trais Fernandez Haire v. Warden Randall Hepp, et al., ___F.Supp.4th___, Case No. 23-C-1073 (E.D. Wis. Oct. 26, 2023).