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Eastern Water Law & Policy Reporter

May 2021

Volume 16, Number 4 May 2021

FEATURE ARTICLE

As the Climate Changes, So Will Natural Resource Damage Claims by Steve Goldberg, Esq., Darrin Gambelin, Esq. and Holly Tokar, Esq., Downey Brand, LLP, California79

WATER NEWS

News from the West86

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions91

LAWSUITS FILED OR PENDING

Environmental Groups in Tennessee File Suit in Federal Court Seeking

to Stop Oil Pipeline, Alleging Drinking Water Contamination Con-

cerns94

RECENT FEDERAL DECISIONS

Second Circuit Determines Clean Water Act, Section 401, Deadline Cannot Be Modified by Agreement96

New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission, ___F.3d___, Case No. 19-1610 (2nd Cir. Mar. 23, 2021).

District Court Denies Preliminary Injunction against Big Sky Water and Sewer District for Alleged Clean Water Act Violations97

Cottonwood Environmental Law Center, Montana Rivers, and Gallatin Wildlife Association v. Edwards and Big Sky Water and Sewer District, ___F.Supp.3d___, Case No. 2:20-cv-00028-BU-BMM (D. Mt. Mar. 23, 2021).

RECENT STATE DECISIONS

New Mexico Supreme Court Quashes Writs of Certiorari in San Juan River Adjudication Appeal that Upheld the Navajo Nation Settlement De-

crees99

State of New Mexico ex rel. State Engineer v. United States of America, Case No. S-1-SC-37068 (N.M. Supreme Ct. April 13, 2021).