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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).