Eastern Water Law & Policy Reporter

EASTERN WATER NEWS

Trump Administration Undertakes Historic Rollback of Environmental Protections for National Parks171

Military Waste and Water Quality: New Mexico Aquifer Threatened by Kirtland Air Force Base Jet Fuel Spill172

Report Analyzes Extreme Heat Scenarios Likely to Become the Norm in the United States174

News from the West176

REGULATORY DEVELOPMENTS

United States Environmental Protection Agency Proposes Water Quality Certification Regulations182

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions184

JUDICIAL DEVELOPMENTS

Federal:

U.S. Supreme Court Delivers Major Constitutional ‘Takings’ Decision Applicable to All Federal, State or Local Ordinances Throughout the

Nation188

Knick v. Township of Scott, Pennsylvania, ___U.S.___, 139 S.Ct. 2162 (U.S. June 21, 2019).

Ninth Circuit Reverses Oil Industry Class Certification Due to Lack of Common Issues in Case Where Oil Crude Spill Reached the Pacific

Ocean190

Andrews v. Plains All American Pipeline, Ltd. Partnership, Unpub., Case No. 18-55850, (9th Cir. July 3, 2019).

Eighth Circuit Denies Private Right of Action under NEPA against State Agency Regarding Proposed Light Rail Transit Project191

Lakes & Parks Alliance of Minneapolis v. Federal Transit Administration, 928 F.3d 759 (8th Cir. 2019).

It’s All in the Name—D.C. District Court Finds TMDL Failed the Clean Water Act as It Didn’t Specify Daily Limits on E. Coli193

Anacostia Riverkeeper, Inc. v. Wheeler, ___F.Supp.3d___, Case No. 16-cv-1651 (D. D.C. Aug. 12, 2019).