Eastern Water Law & Policy Reporter

WATER NEWS

Hydroelectric Project Future in Limbo in Wake of Pacific Gas and Electric Company’s Announcement to Bring Project Back to Fully Operational Status51

News from the West52

REGULATORY DEVELOPMENTS

Federal Energy Regulatory Commission Issues Draft Environmental Impact Statement for the Decommissioning of Four Klamath River Dams56

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions59

LAWSUITS FILED OR PENDING

Florida’s Water Law Management Challenged in Two Court Actions60

JUDICIAL DEVELOPMENTS

Federal:

Fifth Circuit Finds Biden Administration’s Policy on Assessing Greenhouse Gas Costs in Rulemaking Should Go Forward Pending Appea62

Louisiana v. Biden, ___F.4th___, Case No. 22-30087 (5th Cir. Mar. 16, 2022).

District Court Upholds EPA’s ‘Reasonable Availability’ Analysis in the Establishment of Clean Water Act ‘No Discharge Zone’64

American Waterways Operators v. Regan, ___F.Supp.4th___, Case No. 18-CV-2933 (APM) (D. D.C. Feb. 14, 2022).

District Court Rejects Preliminary Injunction Against Hydroelectric Dams on the Kennebec River under the Federal Endangered Species Act66

Atlantic Salmon Federation U.S., et al. v. Merimil Limited Partnership, et al., ___F.Supp.4th___, Case No. 21-CV-00257-JDL (D. Me. Feb. 24, 2022).

District Court Finds Clean Water Act’s Partial Waiver of Sovereign Immunity Did Not Impliedly Repeal Federal District Court’s Jurisdiction over

Enforcement Actions68

United States v. Bayley, ___F.Supp.4th___, Case No. 3:20-cv-05867-DGE (W.D. Wash. Mar. 14, 2022).