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Western Water Law & Policy Reporter

November 2014

Volume 19, Number 1 November 2014


U.S. EPA and Silver-Idaho, Inc. Settle Federal Clean Water Act Claims Related to Mining in Idaho’s Silver Valley3


U.S. House of Representatives Passes Bill to Restrict Federal Clean Water Act Rulemaking5


U.S. Fish and Wildlife Service Announces Final Restoration Plan for Salton Sea National Wildlife Refuges7

New Mexico ESA Update—U.S. Fish and Wildlife Service Publishes Final Rule Listing Western Yellow-Billed Cuckoo as Threatened Species9

Northwest Power and Conservation Council Approves Updated Columbia River Basin Fish and Wildlife Program11

Arizona Department of Water Resources Mulls Creation of New Active Management Area in Light of Concerns over Ground Water Overdrafting and Land Subsidence12

Colorado Water Conservation Board Solicits Feedback in Anticipation of Presenting to the Governor, the First Full Draft of State’s Water Plan14

Texas Water Development Board Addresses Interregional Conflict between Two Regional Water Planning Areas16



Ninth Circuit Reverses District Court, Finding that Discharges of Coal into Resurrection Bay, Alaska Violated the Clean Water Act18

Alaska Community Action on Toxics v. Aurora Energy Services, LLC, ___F.3d___, Case No. 13-35709 (9th Cir. Sept. 3, 2014).

Seventh Circuit Allows Potentially Responsible Party to Proceed under CERCLA Section 107 because of Dual Role20

NCR Corporation v. George A. Whiting Paper Company, ___F.3d___, Case Nos. 13-2447, 13-2522, 13-2568, 13-2570, 13-2572, 13-2572, 13-2605, 13-2606, 13-2607, 13-2631, 13-2645, & 13-2866 (7th Cir. Sept. 25, 2014).

Ninth Circuit Finds CERCLA Authorizes the United States to Negotiate Settlements Based on a Settling Party’s Ability to Pay as Opposed to its Comparative Fault22

U.S. v. the Coeur D’Alenes Company, ___F.3d___, Case No. 12-36065 (9th Cir. Sept. 16, 2014).

District Court Finds Water District Is Barred from Bringing Suit against Oil Companies for Groundwater Contamination due to Prior Prosecution24

In Re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.Supp.2d___, Case No. 04 Civ. 4968 (S.D. N.Y. Sept. 16, 2014).


California Court of Appeal Clarifies the Law Regarding Forfeiture and the SWRCB’s Jurisdiction over Pre-1914 Water Rights26

Millview County Water District v. State Water Resources Control Board, 229 Cal.App.4th 879 (1st Dist. 2014).