FEATURE ARTICLE
The Supreme Court Rejects the Navajo Nation’s Breach of Trust Claim for Water by Miles Krieger, Esq., Best Best & Krieger, LLP, Riverside, Cali-
fornia175
WATER NEWS
Drought: Water Availability and Allocation Challenges in the Ogallala Aquifer Region of the Great Plains179
News from the West180
REGULATORY DEVELOPMENTS
‘Waters of the United States’ Redefined—EPA and the Corps Issue Conforming WOTUS Rule in Wake of the Sackett Decision Narrowing the ‘Reach’ of the Clean Water Act186
U.S. EPA Enters into Settlement Agreement to Further Assess Pesticide Risks to Threatened and Endangered Species188
EPA Agrees to Investigate First-Ever Title VI Claim Stemming from the State Water Board’s Actions on the San Francisco Bay-Delta Plan189
U.S. Bureau of Reclamation Receives Scoping Comments on Post-2026 Colorado River Operations191
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions193
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
D.C. Circuit Finds U.S. Surface Transportation Board Failed to Take a ‘Hard Look’ at Utah Oil Rail Project’s Environmental Impacts under
NEPA196
Eagle County, Colorado v. U.S. Surface Transportation Board et al., ___F.4th___, Case No. 22-1019 (D.C. Cir. 2023); Center for Biological Diversity et al. v. U.S. Surface Transportation Board et al., ___F.4th___, Case No. 22-1020 (D.C. Cir. 2023).
Fourth Circuit Applies the Major Questions Doctrine to Limit the Scope of the Clean Water
Act198
North Carolina Coastal Fisheries Reform Grp. v. Capt. Gaston LLC, 76 F.4th 291 (4th Cir. Aug. 7, 2023).
