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Eastern Water Law & Policy Reporter

May 2020

Volume 15, Number 4 May 2020

EASTERN WATER NEWS

U.S. Geological Survey Releases Study Suggesting Colorado River Streamflow Reductions are Associated with Atmospheric Warming83

News from the West84

REGULATORY DEVELOPMENTS

U.S. Bureau of Reclamation Releases Klamath River Project Interim Plan, Which Provides Additional Water for Endangered Species88

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions91

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Makes Clear that the Administrative ‘Finality’ Requirement under Williamson County for Federal Takings Claims Remains Intact95

Pakdel v City and County of San Francisco, 952 F.3d 1157 (9th Cir. 2020).

District Court Holds CAFO Citizen Suit Fails to Establish ‘Imminent and Ongoing Threat’ under RCRA and the Clean Water Act97

Garrison v. New Fashion Pork, LLP, ___F.Supp.3d___, Case No. 18-CV-3073-CJW-MAR (N.D. Iowa Mar. 27, 2020).

District Court Grants Summary Judgment on Public Nuisance Claims Relating to PCB Contamination of San Diego Bay99

San Diego Unified Port District v. Monsanto Co., ___F.Supp3d___, Case No. 3:15-CV-00578 (S.D. Cal. Mar. 26, 2020).

State:

New Jersey Appellate Court Upholds Best Management Practices Based Stormwater Discharge Permit under the Clean Water Act101

Delaware Riverkeeper Network, et al. v. New Jersey Department of Environmental Protection, No. A-1821-17T3 (N.J. Super.Ct.App. Mar. 18, 2020).