Eastern Water Law & Policy Reporter

WATER NEWS

Federal—State Water Sharing: California Department of Water Resources and U.S. Bureau of Reclamation Seek to Enter into an Exchange of Federal and State Stored Water to Meet Demand in the State’s Key Growing Re-

gion155

News From the West156

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions160

LAWSUITS FILED OR PENDING

Texas v. New Mexico Interstate Compact Litigation Update: Texas Files

Motion for Leave to File Supplemental Complaint Seeking to Add Parties Within the Middle Rio Grande164

JUDICIAL DEVELOPMENTS

Federal:

U.S. Supreme Court Upholds Eminent Domain Authority for FERC

‘Certificate’ Gas Pipeline Company Despite New Jersey’s Sovereign Immunity Challenges166

PennEast Pipeline Co., LLC v. New Jersey, ___U.S.___, 141 S.Ct. 2244 (June 29, 2021).

First Circuit Upholds Massachusetts’ State Law Enforcement as Barring Clean Water Act Citizen Suit but Requires Operators to Obtain NPDES Permits168

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

Fourth Circuit Finds State Agency Did Not Waive Clean Water Act Section 401 Certification170

North Carolina Department of Environmental Quality v. Federal Energy Regulatory Commission, 3 F.4th 655 (4th Cir. 2021).

District Court of Hawai’i Applies Clean Water Act ‘Functional Equivalent’ Standard Set Forth by the U.S. Supreme Court172

Hawai’i Wildlife Fund v. County of Maui, ___F.Supp.3d___, Case No. 12-00198 (D. HI July 26, 2021).