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Eastern Water Law & Policy Reporter

May 2018

Volume 13, Number 4 May 2018


Ninth Circuit Upholds Spill Injunction on Pacific Northwest’s Columbia and Snake River Dams to Benefit Juvenile Salmon and Steelhead by Marina Cassio, Esq, Marten Law, PLLC, San Francisco91


President and Congress Approve $1.3 Trillion Spending Bill Including $20 Billion for Water.95

News from the West96


Recent Investigations, Settlements, Penalties and Sanctions100



Tenth Circuit Upholds Clean Water Act Violation and Imposition of Conservation Easement in Private Enforcement Action103

Benham v. Ozark Materials River Rock, LLC, ___F.3d___, Case No. 17-5069 (10th Cir. Mar. 22, 2018).

Second Circuit Holds State Agency Waived Its Authority to Provide Water Certification under the CWA for a Natural Gas Pipeline105

New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission, ___F.3d___, Case No. 17-3770-ag (2nd Cir. Mar. 12, 2018).

Ninth Circuit Holds Lower Court Erred in Finding Military Contractor 100 Percent Liable for CERCLA Cleanup Costs Largely Incurred during War Time Production106

TDY Holdings, LLC v. United States, ___F.3d___, Case No. 15-56483 (9th Cir. Amend. Op., Mar. 20, 2018).

Fourth Circuit Rules Groundwater Discharge May Be Basis for Clean Water Act Citizen Suit on Well Pleaded Claim109

Upstate Forever v. Kinder Morgan Energy Partners, L.P., ___F.3d___, Case No. 17-640 (4th Cir. Apr. 12, 2018).

Federal Claims Court finds United States Not Required to Exhaust Administrative Remedies under a City’s Code to Challenge Stormwater Service Charges111

City of Wilmington, Delaware v. United States, ___F.Supp.3d___, Case No. 16-1691C (Ct. Fed Cl. Mar. 14, 2018).