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Eastern Water Law & Policy Reporter

November 2022

Volume 17, Number 9 November 2022


Federal Draft Water Infrastructure Bill Introduced which Aims to Improve Long-Term Water Supply and Regulatory Reliability in California209

News from the West210


U.S. Fish and Wildlife Service Proposes New Eagle Rule to Create a General Incidental Take Permit Process for Power Line Infrastructure and Wind-Energy Projects215


Recent Investigations, Settlements, Penalties and Sanctions217


Circuit Court of Appeals:

Ninth Circuit Holds that Native Alaskan Tribe Has an Implied Right to Fish Off the Tribe’s Reservation219

Metlakatla Indian Community v. Dunleavy, 48 F.4th 963 (9th Cir. 2022).

Ninth Circuit Affirms Judgment for Fish and Wildlife Service Based on Claim Preclusion in a Challenge under the Endangered Species Act220

Save the Bull Trout v. Williams, ___F.4th___, Case No. 21-35480 (9th Cir. Sept. 28, 2022).

Tenth Circuit Refuses Exclusive Jurisdiction on FERC-Licensed Project Because Petition, Instead, Challenged the Corps’ Section 404 Permit222

Save the Colorado, et al. v. Spellmon, et al., ___F.4th___, Case No. 21-1155 (10th Cir. Sept. 30, 2022).

U.S. District Court in Connecticut Dismisses Third Party Suit Finding Standing Allegations Inadequate in Climate Adaptation Case224

Conservation Law Foundation, Inc. v. Gulf Oil Limited Partnership, ___F.Supp.4th___, Case No. 3:21-CV-00932 SVN (D. Conn. Sept. 20, 2022).

District Court Grants Motion for Remedies, Issues Injunction, But Limits Civil Penalties in Clean Water Act Claims Related to Dredge Mining226

Idaho Conservation League v. Shannon Poe, ___F.Supp.4th___, Case No. 1:18-CV-353-REP (D. Id. Sept. 28, 2022).