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Eastern Water Law & Policy Reporter

February 2024

Volume 19, Number 1 February 2024

WATER NEWS

News from the West3

LEGISLATIVE DEVELOPMENTS

Hydroelectric Power and Endangered Species: Congressman Joins Sponsorship of the “DAMN Act” Regarding Settlement in the Columbia River

System Operations Litigation8

REGULATORY DEVELOPMENTS

A Look at PFAS Suits for Manufacturers as EPA Begins More Active Attention10

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions12

LAWSUITS FILED OR PENDING

SF Baykeeper Files Suit Against the Fish and Wildlife Service Seeking ESA Listing of the Longfin Smelt15

JUDICIAL DEVELOPMENTS

Federal:

Tenth Circuit Reverses $500,000 Clean Water Act Penalty After Incomplete Application of Maui Factors by the District Court17

Pamela Stone et al. v. High Mountain Mining Co. LLC et al., ___F.4th___, Case No. 22-1340 (10th Cir. Jan. 3 2024).

District Court Rules U.S. Could Allocate Zero Acre-Feet to Drainage District and District Breached Federal Contract by Diverting Water under State Permit19

United States of America v. Klamath Drainage District, ___F.Supp.4th___, Case No. 1:22-cv-00962-CL (D. Or. Sept. 11, 2023).