Eastern Water Law & Policy Reporter

FEATURE ARTICLE

U.S. District Court Vacates Trump-Era Section 401 Clean Water Act Certification Rules by Stephen J. Odell, Esq., Marten Law, LLP, Portland,

Oregon227

WATER NEWS

Study Addresses Effects of Drought Intensity on Deep Groundwater Aquifers231

News from the West232

REGULATORY DEVELOPMENTS

U.S. Environmental Protection Agency Releases Polyfluoroalkyl Substances Multi-Year Plan ‘Road Map’238

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions241

LAWSUITS FILED OR PENDING

U.S. District Court in Georgia Upholds Clean Water Act Citizen Suit PFAS Complaint Against Industrial Sewage Discharges245

JUDICIAL DEVELOPMENTS

Federal:

D.C. Circuit Finds Agency’s Expressed Intention to Readopt Regulations Following Withdrawal Is Not Sufficient to Avoid Mooting of Law-

suit247

State of Alaska v. U.S. Department of Agriculture, ___F.4th___, Case No. 17-5260 (D.C. Cir. Nov. 16, 2021).

First Circuit Finds Agency’s Express Intention to Readopt Regulations Following Withdrawal is Insufficient to Avoid Mooting a Groundwater Contamination Claim249

United States v. Puerto Rico Industrial Development Company, ___F.4th___, Case No. 19-1874 (1st Cir. Nov. 17, 2021).

Ninth Circuit Finds the Clean Water Act Allows EPA to Consider Economic Compliance Costs in Approving Water Quality Standards and Varia-

nces251

Upper Missouri Waterkeeper v. U.S. Environmental Protection Agency et al., 15 F.3d 966 (9th Cir. 2021).

District Court Holds Wet and Dry Season Inspections Are Not Duplicative in Clean Water Act Citizen Suits Regarding Stormwater Discharges254

California Open Lands v. Butte County Department of Public Works, et al., ___F.Supp.4th___, Case No. 2:20-CV-0123-KJM-DMC (E.D. Cal. Oct. 27, 2021).