Eastern Water Law & Policy Reporter

FEATURE ARTICLE

NEPA Regulations Overhaul and Their Impact on Climate Change Considerations by Darrin Gambelin, Esq. and Hina Gupta, Esq. Downey Brand, San Francisco, California223

WATER NEWS

Ongoing Mexico/U.S. Cross-Border Sewage Contamination Fuels Public Outcry229

News from the West231

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions236

REGULATORY DEVELOPMENTS

U.S. Army Corps of Engineers Reissues and Proposes Modifications to Nationwide Permit Program amidst Uncertainty Surrounding Nationwide Permit 12239

LEGISLATIVE DEVELOPMENTS

Congress Considers Amendment to Expand the Reach of the Water Infrastructure Finance and Innovation Act241

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Affirms District Court Order Vacating the Delisting of the Yellowstone Grizzly Population and Remanding for Further Consider-

ation243

Crow Indian Tribe v. United States, 965 F.3d 662 (9th Cir. 2020).

Tenth Circuit Rules in Favor of New Mexico Pueblo Indian Tribes Holding Pueblo Water Rights Not Extinguished by Spain244

United States on Behalf of the Pueblos of Jemez, Santa Ana and Zia v. Abouselman, ___F.3d___, Case No. 18-2164 (10th Cir. Sept. 29, 2020).

District Court Orders EPA to Provide More Frequent Status Reports on Development of Anacostia River Clean Water Act TMDL247

Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 16-1861(JDB) (D. D.C. Sept. 21, 2020).

District Court Approves Consent Decree Between Federal, State and Local Government Aim to Remedy Clean Water Act Violations249

U.S. and State of Texas v. City of Corpus Christi, ___F.Supp.3d___, Case No. 2:20-cv-00235 (S.D. Tex. Sept. 25, 2020).