Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Eastern Water Law & Policy Reporter

December 2018

Volume 13, Number 10 December 2018

FEATURE ARTICLE

The Trump Administration and the Fourth National Climate Assessment: Impacts to Water, Farming, and Species Will Be Dire by Kathryn M. Casey, Esq. and Eddy Beltran, Esq., Jackson Tidus, Irvine, California267

EASTERN WATER NEWS

President Trump Issues Memorandum Calling for Streamlined ESA and NEPA Compliance for Major Water Projects272

Pacific Coast Federation of Fishermen’s Associations Files Climate Change Lawsuit Addressing Ocean Temperatures274

News from the West275

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions279

LEGISLATIVE DEVELOPMENTS

President Donald Trump Signs Bipartisan Water Resources Infrastructure Legislation281

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Tenth Circuit Follows Eighth and Ninth Circuits in Limiting Scope of Clean Water Act Alternatives Analysis283

Audubon Society of Greater Denver v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 18-1004 (10th Cir. Nov. 5, 2018).

Ninth Circuit Rejects Challenges to Master Planned Development’s EIS and Clean Water Act 404

Permit285

Friends of the Santa Clara River v. U.S. Army Corps of Engineers, 887 F.3d 906 (9th Cir. 2018).

Third Circuit Recognizes CERCLA’s Jurisdictional Bar to Medical Monitoring Claims Related to Polluted Water Wells287

Giovanni v. United States Department of the Navy, 906 F.3d 94 (3rd Cir. 2018).

District Court:

District Court Finds Owner of Land Allegedly Contaminated with Leachate Was a Necessary Party in Clean Water Act and RCRA Citizen Suits289

PennEnvironment v. PPG Industries, Inc., ___F.Supp.3d___, Case No. 12-342 (W.D. Penn. Oct. 26, 2018).