FEATURE ARTICLE
U.S. District Court Vacates Trump-Era Section 401 Clean Water Act
Certification Rules by Stephen J. Odell, Esq., Marten Law, LLP, Portland,
Oregon121
ENVIRONMENTAL NEWS
Arizona Takes Steps under Colorado River Plan to Support Lake Mead Levels During Unprecedented Drought125
Causes of Low Winter-Run Chinook Egg Survival Rate Debated by Experts in California127
REGULATORY DEVELOPMENTS
U.S. Army Corps of Engineers Reissue and Modify New Clean Water Act Section 404 Nationwide Permits130
Great Lakes, Coastal Beaches, and Certain Coastal Waters Further Protected by New Federal Pipeline Rule132
California State Water Board and DWR Release Report Outlining New Groundwater Management Principles and Strategies for Drinking
Water134
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions137
RECENT FEDERAL DECISIONS
Court of Appeals:
Ninth Circuit Grants Clean Water Act Petition for Review and Remands NPDES Permit142
Food & Water Watch v. U.S. Environmental Protection Agency, 20 F.4th 506 (9th Cir. 2021).
Second Circuit Finds Agency’s Clearly Expressed Intention to Readopt Regulations Following Withdrawal Is Not Sufficient to Avoid Mooting of Law-
suit143
Natural Resources Defense Council v. U.S. Environmental Protection Agency, 19 F.4th 177 (2nd Cir. 2021).
Tenth Circuit Decision Reinforces Federal Clean Air Act Citizen Suits Against Mobile Sources145
Utah Physicians for a Healthy Environment v. Diesel Power Gear, LLC, et al., ___F.4th___, Case No. 20-4043 (10th Cir. Dec. 28, 2021).
Ninth Circuit Reverses Denial of Company’s Request to Intervene by Right in Challenge to BLM’s Issuance of Oil Leases147
Western Watersheds Project v. Haaland, ___F.4th___, Case. No. 20-35780 (9th Cir. Jan. 5, 2022).
