Eastern Water Law & Policy Reporter

WATER NEWS

California’s Environmental Battle Against the Trump Administration Rages on Amidst Clash between the Federal and State Environmental Protection Agencies227

News from the West229

REGULATORY DEVELOPMENTS

Obama Administration-Era Clean Water Rule Repealed, Additional Changes to Waters of the United States Definition in Store233

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions235

LAWSUITS FILED OR PENDING

Mayor of Maui and County Council Wrangle over Settlement Authority While U.S. Supreme Court Presses on in Maui v. Hawaii Wildlife Fund Clean Water Act Case238

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Eleventh Circuit Affirms EPA’S Broad Discretion on Revoking State Clean Water Act NPDES Permitting System240

Cahaba Riverkeeper et al. v. U.S. Environmental Protection Agency, 938 F.3d 1157 (11th Cir. 2019).

District Court:

District Court Holds EPA’s Withdrawal of Objections to State-Administered Section 404 Permit Application Is Not Final Agency for APA Chal-

lenge242

Coalition to Save the Menominee River Inc. v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 18-C-1798 (E.D. Wisc. Oct. 21, 2019).

RECENT STATE DECISIONS

California Court of Appeal Finds State Environmental Challenge to Hydroelectric Dam Relicensing Process is Preempted by Federal Power Act245

County of Butte v. Department of Water Resources, 39 Cal.App.5th 708 (Cal.App. 2019).