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Eastern Water Law & Policy Reporter

June 2022

Volume 17, Number 5 June 2022

WATER NEWS

EPA Takes Three Major Steps Towards Regulating PFAS Compounds through the Clean Water Act NPDES Permit Program99

News from the West100

REGULATORY DEVELOPMENTS

U.S. Bureau of Reclamation to Provide $100 Million for Dam in Califor-

nia106

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions108

JUDICIAL DEVELOPMENTS

Federal:

First Circuit Vacates En Banc Holding to Limit the ‘Diligent Prosecution’ Bar on Citizen Suits under the Clean Water111

Blackstone Headwaters Coal., Inc. v. Gallo Builders, Inc., 32 F.4th 99 (1st Cir. 2022).

Ninth Circuit Rules Clean Water Act Water Quality Objectives Are Not Directly Applicable to Nonpoint Source Dischargers112

Central Sierra Environmental Resource Center v. Stanislaus National Forest, 30 F.4th 929 (9th Cir. 2022).

Ninth Circuit Affirms Summary Judgment in Favor of U.S. Fish and Wildlife Service, finding the ‘Barred Owl Removal Experiment’ Did Not Violate NEPA114

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

Sixth Circuit Finds Declaratory Judgment Sufficient to Trigger CERCLA Statute of Limitations for Contribution Actions117

Georgia-Pacific Consumer Products LP v. NCR Corporation, ___F.4th___, Case No. 18:1806 (6th Cir. Apr. 25, 2022).