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Eastern Water Law & Policy Reporter

November 2023

Volume 18, Number 9 November 2023

WATER NEWS

Summary of Eastern Water News203

News from the West205

REGULATORY DEVELOPMENTS

EPA Issues New Clean Water Act Section 401 Water Quality Certification Rules to Expand Authority of States and Tribes and Clarify Certification Procedures211

Water Recycling and Desalination Projects Receive Nearly $29 Million Investment from U.S. Bureau of Reclamation212

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions215

RECENT FEDERAL DECISIONS

U.S. Supreme Court:

U.S. Supreme Court Upholds Ninth Circuit Ruling in San Luis Obispo Coastkeeper v. Santa Maria Valley Water Conservation District Regarding Water Releases from Dams to Comply with the ESA218

Circuit Court of Appeals:

Fifth Circuit Upholds U.S. Army Corps of Engineers’ Clean Water Act 404 Permit for Liquid Natural Gas Project219

Healthy Gulf v. United States Army Corps of Engineers, 81 F.4th 510 (5th Cir. 2023).