Eastern Water Law & Policy Reporter
March 2022
Volume 17, Number 2
March 2022
WATER NEWS
California Irrigation District Receives State Funding for Solar Panel Covered Canals Pilot Program29
News from the West30
REGULATORY DEVELOPMENTS
U.S. Army Corps of Engineers and National Oceanic and Atmospheric
Administration Enter into Joint Memorandum Regarding ESA Consultations for Existing Structures34
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions36
LAWSUITS FILED OR PENDING
U.S. Supreme Court Grants Certiorari in Sackett Paving the Way to a Definitive Test for Determining Wetland Waters of The United States under the Clean Water Act39
JUDICIAL DEVELOPMENTS
Federal:
Fourth Circuit Vacates U.S. Fish and Wildlife Service’s 2020 Biological Opinion for Natural Gas Pipeline42
Appalachian Voices, et. al. v. U.S. Department of the Interior, ___F.4th___, Case No. 20-2159 (4th Cir. Feb. 3, 2022).
District Court Denies Motion for Certification of Interlocutory Appeal on the Meaning of ‘Waters of the United States’44
United States v. Mashni, ___F.Supp.4th___, Case No. 2:18-CV-2288-DCN (D. S.C. Jan. 19, 2022).
Federal Claims Court Determines Federal Government Is Not Required to Pay Local Fees to Abate Water Pollution46
City of Wilmington v. United States, ___F.Supp.4th___, Case No. 16-1619C (Fed. Cl. Jan. 26, 2022).