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Eastern Water Law & Policy Reporter

May 2022

Volume 17, Number 4 May 2022

WATER NEWS

News from the West75

LEGISLATIVE DEVELOPMENTS

Nebraska Legislature Passes Bill to Resurrect 120-year-old South Platte Canal within Colorado for Water Delivery to Nebraska80

REGULATORY DEVELOPMENTS

U.S. Securities and Exchange Commission Proposes Rule on Climate-Related Disclosures82

Federal Energy Regulatory Commission Revises Policy Statement on

Natural Gas Facilities Certification to Bolster Consideration of GHG Impacts and Environmental Justice84

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions87

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Affirms Summary Judgment in Favor of U.S. Fish and

Wildlife Service, finding the ‘Barred Owl Removal Experiment’ Did Not Violate NEPA89

Friends of Animals v. United States Fish and Wildlife Service, 28 F.4th 19 (9th Cir. 2022).

Eleventh Circuit Clarifies Pleading Standard for Injury to Aesthetic Injury under the Clean Water Act92

Glynn Environmental Coalition, Inc., et al. v. Sea Island Acquisition, LLC, 26 F.4th 1235 (11th Cir. 2022).

Sixth Circuit Affirms Dismissal of Clean Water Act Citizen Suit Against Sewer District93

South Side Quarry, LLC v. Louisville & Jefferson County Metro. Sewer District, 28 F.4th 684 (6th Cir. 2022).