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Eastern Water Law & Policy Reporter

March 2024

Volume 19, Number 2 March 2024

WATER NEWS

News from the West25

REGULATORY DEVELOPMENTS

U.S Environmental Protection Agency Announces Clean Ports Program Funding31

U.S. Environmental Protection Agency Announces $1 Billion for Cleanup Projects at Superfund Sites Including the Standard Chlorine of Delaware Superfund Site33

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions34

LAWSUITS FILED OR PENDING

Multiple Lawsuits Filed Challenging California Department of Water Resources’ Environmental Impact Report for the San Francisco Bay Delta Conveyance Project38

JUDICIAL DEVEVLOPMENTS

Circuit Court of Appeals:

Ninth Circuit Court Affirms Dismissal of Clean Water Act and Endangered Species Act Claims40

Kelly v. City of Poway, Unpub., Case No. 22-55920 (9th Cir. Dec. 19, 2023).

District Court:

District Court Rules on Motion for Summary Judgment Stemming from

Allegations that a Rock Dam Harms Upstream Migrating Fish in Violation of the Endangered Species Act41

Puyallup Tribe of Indians v Electron Hydro, LLC, ___F.Supp.4th___, Case 2:20-cv-01864-JCC (W.D. Wash).