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Eastern Water Law & Policy Reporter

March 2019

Volume 14, Number 2 March 2019




Proposed Interstate Water Transfer Pipeline Project Revived Under New Terms37

News from the West38


Recent Investigations, Settlements, Penalties and Sanctions42



Fourth Circuit Upholds Virginia State Water Board’s CWA § 401 Certification for the Atlantic Coast Pipeline46

Appalachian Voices v. State Water Control Board, 912 F.3d 746 (4th Cir. 2019).

D.C. Circuit Finds States Waive Clean Water Act Water Quality Certification Leverage When They Contractually Agree to Delay Certification for More than One Year48

Hoopa Valley Tribe v. Federal Energy Regulatory Commission, 913 F.3d 1099, (D.C. Cir. 2019).

Ninth Circuit Rejects Tribe’s Efforts to ‘Engineer Federal Jurisdiction’ Via Anticipatory Defense of Sovereign Immunity Claim50

Stillaguamish Tribe of Indians v. State of Washington, 913 F.3d 1116 (9th Cir. 2019).

Tenth Circuit Finds Protections for Good-Faith Third Party Purchaser of Lands Burdened by

CERCLA Lien Moot Challenge to Sale52

United States v. Parish Chemical Company, ___F.3d___, Case No. 174192 (10th Cir. Jan. 3, 2019).

Summary Judgment Motions Fail but Septic System Leakage and the Reach of the Clean Water Act Remains a Hot Potato for the District Court54

Peconic Baykeeper v Rose Harvey, ___F.Supp.3d___, Case No. 13-CV-6261 (E.D. N.Y. Feb 12, 2019).