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Eastern Water Law & Policy Reporter

July 2021

Volume 16, Number 6 July 2021


Biden Administration Fiscal Year 2022 Proposed Budget Prioritizes U.S. Bureau of Reclamation Water Projects131

News From the West132


Recent Investigations, Settlements, Penalties and Sanctions138



U.S. Supreme Court Determines Contribution Action under CERCLA Section 113(F) Requires Settlement of CERCLA Liability—Not Clean Water Act Liability141

Territory of Guam v. United States, ___U.S.___, 141 S.Ct. 1608 (May 24, 2021).

First Circuit Rules Massachusetts Wetlands Protection Enforcement Bars Clean Water Act Citizen Suits where water Quality Standards Are


Blackstone Headwaters Coalition, Inc. v. Gallo Builders, Inc., 995 F.3d 274 (1st Cir. 2021).

Ninth Circuit Finds U.S. Fish and Wildlife Service Failed to Explain Why it Reversed Previous Listing Decision Regarding Pacific Walrus144

Center for Biological Diversity v. Haaland, ___F.3d___, Case No. 19-35981 (9th Cir. June 3, 2021).

Ninth Circuit Addresses Hydroelectric Project, Indispensable Parties, and Tribal Sovereign Immunity in the Context of a Clean Water Act Citizen


Deschutes River Alliance v. Portland General Electric Company, et al., ___F.3d___, Case No. 18-35867 (9th Cir. June 23, 2021).

Ninth Circuit Finds Rule Requiring 30-Day Notice of Intent to States for Listing Petitions Under the Endangered Species Act Was Invalid149

Friends of Animals v. Haaland, 997 F.3d 1010 (9th Cir. 2021).