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Eastern Water Law & Policy Reporter

February 2022

Volume 17, Number 1 February 2022

WATER NEWS

Sorting Out the ‘Extensive Benefits’ from Federal Infrastructure Investment and Jobs Act3

News from the West4

REGULATORY DEVELOPMENTS

Great Lakes, Coastal Beaches, and Certain Coastal Waters Further Protected by New Federal Pipeline Rule10

U.S. Army Corps of Engineers Reissue and Modify New Clean Water Act Section 404 Nationwide Permits12

U.S. Bureau of Reclamation Withdrasw Temporary Urgency Change Petition to Modify Flow and Water Quality Requirements for State and Federal Water Projects14

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions16

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Grants Clean Water Act Petition for Review and Remands National Pollutant Discharge Elimination System Permit.19

Food & Water Watch v. U.S. Environmental Protection Agency, 20 F.4th 506 (9th Cir. 2021).

Ninth Circuit Reverses Denial of Company’s Request to Intervene by Right in Challenge to BLM’s Issuance of Oil Leases20

Western Watersheds Project v. Haaland, ___F.4th___, Case. No. 20-35780 (9th Cir. Jan. 5, 2022).

PFAS Suits Multiply for Manufacturers as EPA Begins More Active Attention to Testing23

Suez Water New York Inc. v. E.I. DuPont De Nemours and Company, ___F.Supp.4th___, Case No. 1:20-cv-10731 (S.D. NY Jan. 4, 2022).