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Eastern Water Law & Policy Reporter

January 2020

Volume 14, Number 11 January 2020

EASTERN WATER NEWS

U.S. Army War College Report Analyzes Environmental Challenges to Army by Climate Change279

Hydroelectric Project Seeks Water from Heavily Litigated Walker River Basin—Part of Project Will Use Renewable Energy Sources281

News from the West283

REGULATORY DEVELOPMENTS

U.S. Department of the Interior Denies Federal Construction Funding Extension for Gila River Project Diversion288

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions290

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Orders EPA to Regulate Water Temperature in Columbia and Snake Rivers to Protect Salmon and Trout293

Columbia Riverkeeper v. Wheeler, ___F.3d___, Case No. 18-35982 (9th Cir. Dec. 20, 2019).

District Court:

District Court Affirms Maryland’s Clean Water Act Section 303d Integrated Report294

Blue Water Baltimore v. Wheeler, ___F.Supp.3d___, Case No. 16-452 (D.C. Dist. Dec. 2, 2019).

RECENT STATE DECISIONS

Florida Supreme Court Determines That Personal Injury Damages Are Recoverable under the State’s Water Quality Act297

Charles L. Lieupo, v. Simon’s Trucking, Inc., Case No. SC18-567; 44 Fla. L. Weekly S 298 (Fl. Dec. 19, 2019).

Texas Court Grants International Boundary and Water Commission’s Request for Temporary Restraining Order Preventing Construction of Private Border Wall298

North American Butterfly Association v. Neuhaus & Sons, LLC, Case No. C-5049-19-I (Tex. Dist. Ct. Dec. 3, 2019).

Vermont Supreme Court Finds State Water Quality Standards May Compel Reduction in Hydroelectric Power Generation as a Condition of 401 Certification299

In re Morrisville Hydroelectric Project Water Quality, Case No. 2018-339 (Vt. Sup. Ct. Nov. 22, 2019).