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Eastern Water Law & Policy Reporter

February 2023

Volume 18, Number 1 February 2023

WATER NEWS

Golden State Wind Secures Lease for Offshore Floating Wind Farm3

News from the West4

REGULATORY DEVELOPMENTS

Final Rule Defining Clean Water Act ‘Waters of The United States’

Published in the Federal Register8

EPA’s Amendments to the National Emissions Standards for Site Remediation Eliminates Certain CERCLA and RCRA Exemptions9

Department of the Interior Announces $85 Million for Western Drought Resilience Projects11

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions13

LAWSUITS FILED OR PENDING

Tribes and Environmental Organizations File Civil Rights Complaint and Petition for Rulemaking with EPA for San Francisco Bay-Delta Water Quality Standards16

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Fifth Circuit Finds Scope of State Whistleblower Protections for Environmental Compliance Workers to Be Settled by the Louisiana Supreme

Court18

Menard v. Targa Resources, L.L.C., 56 F.4th 1019 (5th Cir. 2023).

D.C. Circuit Vacates Hydroelectric Dam License Over Deficiencies with the Clean Water Act Water Quality Certification19

Waterkeepers Chesapeake v. Federal Energy Regulatory Commission, 56 F.4th 45 (D.C. Cir. Dec. 20, 2022).