Eastern Water Law & Policy Reporter

FEATURE ARTICLE

Sweeping Endangered Species Act Regulations Already Adopted, with More Proposed, Will Profoundly Alter Implementation of the Act by David C. Smith, Esq. and Jennifer Lynch, Esq., Manatt, Phelps & Phillips, Califor-

nia191

WATER NEWS

State Attorneys General Challenge Trump Administration’s Revamp of the National Environmental Policy Act197

News from the West199

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions205

REGULATORY DEVELOPMENTS

Federal Agencies Release Columbia River System Operations Final EIS That, for First Time, Considers in Detail Alternative to Breaching Four Lower Snake River Dams208

JUDICIAL DEVELOPMENTS

Federal:

Second Circuit Decision Extends the Potential Scope of Oil Pollution Act Claims211

Power Authority of the State of New York v. M/V Ellen S. Bouchard, 968 F.3d 165 (2nd Cir. 2020).

District Court Reverses Army Corps’ Clean Water Act Jurisdictional Determination—Applies Both Justice Kennedy and Justice Scalia’s Analyses in Rapanos212

Lewis v. United States, ___F.Supp.3d___, Case No. CV 18-1838 (E.D. La. Aug. 18, 2020).

District Court Bars Citizen Suit Against County in Georgia Due to the Diligent Prosecution Provision of the Clean Water Act214

South River Watershed Alliance, Inc. v. DeKalb County, ___F.Supp.3d___, Case No. 1:19-cv-04299-SDG (N.D. Ga. Aug. 31, 2020).