Eastern Water Law & Policy Reporter

EASTERN WATER NEWS

Enbridge Mackinac Pipeline Controversy Involves Great Lakes Federal-

ism105

News From the West106

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions111

LAWSUITS FILED OR PENDING

U.S. District Court Considers 2019 Settlement Agreement Modification of the Court’s Orders in the Adjudication of the Chamokane Watershed—United States v. Anderson114

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Reverses Dismissal of Navajo Nation Complaint, Allows Tribe to Move Forward on Breach of Trust Claim for Management of Colorado River116

Navajo Nation v. U.S. Department of the Interior, ___F.3d___, Case No. 19-17088 (9th Cir. 2021).

D.C. Circuit Addresses Petition Challenging FERC Decision on Hydropower License and Related Endangered Species Act Claims118

Shafer & Freeman Lakes Environmental Conservation Corporation v. Federal Energy Regulatory Commission, 992 F.3d 1071 (D.C. Cir. 2021).

U.S. Army Corps of Engineers’ Clean Water Act Section 408 Requirements Upheld by the District Court in Arkansas121

Russellville Legends, LLC v. U.S. Army Corps of Engineers, ___F.Supp.3d___, Case No. 4:19-CV-00524-BSM (E.D. Ark. Mar. 31, 2021).

District Court Finds Congressional Authorization Limits Dam Management and Does Not Allow Discretionary Releases for Species Management123

San Luis Obispo Coastkeeper, et al. v. Santa Maria Valley Water Conservation District, ___F.Supp.3d___, Case No. CV-19-08696 (C.D. Cal. Apr. 15, 2021).

State:

Maryland Court of Special Appeals Upholds Clean Water Act, MS4 Permit Against Challenge to Broad Scope of Requirements125

Maryland Small MS4 Coalition, et al. v. Maryland Department of the Environment, Case No. 1865 (Md. Ct. Spec. App. Apr. 29, 2021).