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Eastern Water Law & Policy Reporter

April 2023

Volume 18, Number 3 April 2023


News from the West53


New Mexico’s Attorney General Issues Opinion on Office of the State Engineer Preliminary Approvals under New Mexico’s Water-Use Leasing Act.58


Recent Investigations, Settlements, Penalties and Sanctions60


Ninth Circuit Rules 2020 EPA Rule on Section 401 Certification to Remain in Effect During Agency Reconsideration63

In re Clean Water Act Rulemaking, ___F.4th___, Case Nos. 21-16958, 21-16960, 21-16961 (9th Cir. Feb. 21, 2023).

Seventh Circuit Allows Subpoena Seeking Video Footage of Search During Clean Water Act Criminal Investigation65

United States v. Doe Corporation, 59 F.4th 301 (7th Cir. 2023).

District Court for New Mexico Awards Defendants their Costs In the Gold King Mine Release66

In re Gold King Mine Release in San Juan Cnty., Colorado, ___F.Supp.4th___, Case No. 18-CV-744-WJ-KK (D. N.M. Feb. 21, 2023).

Texas Wins Preliminary Injunction at the U.S. District Court Against EPAs New Waters of the United States Rule67

Texas v EPA, ___Fed.Supp.4th___, Case No. 3:23-cv-17 (S.D. Tx. March 19, 2023).

District Court Finds Federal Endangered Species Act Preempts State Agency Order on Klamath Project Operations69

Yurok Tribe, et al., v. U.S. Bureau of Reclamation, et al., ___F.Supp.4th___, Case No. 19-cv-04405-WHO (N.D. Cal. Feb 6, 2023).