Eastern Water Law & Policy Reporter

FEATURE ARTICLE

Challenging Federal Agency Retreat on Remand—When Does Regulatory Relief Constitute Final Agency Action Subject to Judicial Review? by

131

WATER NEWS

News from the West136

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions142

LAWSUITS FILED OR PENDING

Federal Water Contracts in California Approved under Water Infrastructure Improvements Act Challenged by Environmental Groups in Recent Law-

suit146

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Requires U.S. Forest Service to Prepare EIS after It Finds Environmental Assessment Prepared for Restoration Project Severely Lacking 147

Bark v. United States Forest Service, 958 F.3d 865 (9th Cir. 2020).

Second Circuit Holds Accumulation of Perfluorooctanoic Acid in Blood from Discharges into Groundwater May Meet Personal Injury Threshold in New York149

Benoit, et al. v. Saint-Gobain Performance Plastics Corp., et al., ___F.3d___, Case No. 17-3941 (2nd Cir. May 18, 2020).

District Court Holds EPA Has an Ongoing Nondiscretionary Duty under the Clean Water Act to Update the National Contingency Plan151

Earth Island Institute, et al., v. Andrew R. Wheeler, et al., ___F.Supp.3d___, Case No. 20-CV-00670-WHO (N.D. Cal. June 2, 2020).

District Court Finds Basic Allegations of Fact within a ‘Zone of Interest’ to Justify Standing under the Clean Water Act152

Friends of the Capital Crescent Trail v. U.S. Army Corps of Engineers, ___F.Supp.3d___, Case No. JKB-19-106 (D. MD 2020).