Eastern Water Law & Policy Reporter

EASTERN WATER NEWS

EPA Begins Express Repeal of Clean Power Plan with Proposed Rule247

U.S. Department of the Interior Releases Its Report of DOI Bureau Actions that ‘Potentially Burden Domestic Energy’248

News from the West250

LEGISLATIVE DEVELOPMENTS

U.S. Senate Bill 1770 Addresses Federal Tribal Water Rights in

Arizona253

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions255

LAWSUITS FILED OR PENDING

Lawsuit Filed in U.S. District Court Seeks Determination that River Ecosystem Is a ‘Person’ Capable of Possessing Water Rights258

JUDICIAL DEVELOPMENTS

Federal:

Sixth Circuit Keeps Alive Plaintiffs’ Nuisance and Negligence Claims against Detroit Oil Refinery260

Cole v. Marathon Oil Corporation, ___F.3d___, Case No. 16-2660 (6th Cir. Oct. 26, 2017).

Looming Rescission of Regulation Regarding Fracking on Federal Lands Deprived Tenth Circuit Court of Jurisdiction to Consider Appeal261

State of Wyoming v. Zinke, 871 F.3d 1133 (10th Cir. 2017).

Ninth Circuit Reverses Decision Allocating All CERCLA Response Costs in Water and Land Contamination to Military Contractor264

TDY Holdings, LLC v. U.S., ___F.3d___, Case No. 15-56483, (9th Cir. Oct. 4, 2017).

District Court Finds EPA’s Interpretation on Exercising its ‘Residual Designation Authority’ Was Controlling Regarding NPDES Permits for TMDLs Along the Charles River266

Conservation Law Foundation, Inc. & Charles River Watershed Association, Inc. v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 16-10397-RGS (D. Mass. Sept. 24, 2017).

District Court Finds Political Question Doctrine Shields the Navy from NEPA268

Tinian Women Association v. U.S. Navy, ___F.Supp.3d___, Case No.16-CV-00022 (D. N. M.I. Oct. 13, 2017).