WATER NEWS
News from the West123
LEGISLATIVE DEVELOPMENTS
U.S. Senators Introduce Financial Assistance Bill to Provide Additional Funding for Water Projects128
REGULATORY DEVELOPMENTS
U.S. EPA and Department of Justice Announce the Return of the Use of Supplemental Environmental Projects130
U.S. Department of Justice Issues Comprehensive Environmental Justice Enforcement Strategy132
U.S. Environmental Protection Agency Agrees to Pay New Mexico and Navajo Nation $63 Million for Gold King Mine Spill133
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions136
JUDICIAL DEVELOPMENTS
Circuit Court of Appeals:
Tenth Circuit Determines Point Source’s Statute of Limitations Applies to State Claims in Federal Court Diversity Actions under the Clean Water
Act139
Allen, Jr., et al. v. U.S. Environmental Restoration, 32 F.4th 1239 (10th Cir. 2022).
Ninth Circuit Finds U.S. Forest Service Acted Arbitrarily and Capriciously in Approving Plan of Operations for Copper Mine140
Center for Biological Diversity v. U.S. Fish and Wildlife Service, 33 F.4th 1202 (9th Cir. 2022).
Fifth Circuit Rules Oil Pollution Act Claims Merit a Jury Trial141
United States v. ERR, LLC, et al., ___F.4th___, Case No. 21-30028 (5th Cir. May 26, 2022).
