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Western Water Law & Policy Reporter

April 2016

Volume 20, Number 6 April 2016


Sixth Circuit Asserts Jurisdiction over EPA’s Definition of Waters of the United States by Harvey M. Sheldon, Esq., Hinshaw & Culbertson, LLP,

Chicago, Illinois163


California Department of Water Resources to Double State Water Project Deliveries to 30 Percent for Cities and Farms167

Oregon Water Resources Department Proposes New Groundwater Rules for Greater Harney Valley with Potential Impact to Farmers and Ranch-



Two Bills in the Arizona Legislature May Dramatically Impact State Water Supply170

Utah General Legislative Session Ends—What Water Related Bills Passed and Which Died in Committee172



U.S. Supreme Court Overturns Ninth Circuit Decision Allowing the National Park Service to Ban Hovercrafts on Alaskan River174

Sturgeon v. Masica, 768 F.3d 1066 (9th Cir. 2014); rev’d sub nom; Sturgeon v. Frost, 136 S.Ct. 27, 192 L. Ed. 997 (U.S. Mar. 22, 2016).

Ninth Circuit Reinstates Polar Bear Critical Habitat Designation176

Alaska Oil and Gas Association v. Jewell, ___F.3d___, Case No. 13-35619 (9th Cir. Feb. 29, 2016).

D.C. Circuit Directs EPA to Prepare a Financial Rulemaking Process under CERCLA for Hardrock Mining179

In re Idaho Conservation League, et al., ___F.3d___, Case No. 14-1149 (D.C. Cir. Jan. 29, 2016).

District Court Dismisses CERCLA Claims against the United States Seeking to Recover Costs Paid to Cleanup Uranium Mine180

Atlantic Richfield Co. v. U.S., ___F.Supp.3d___, Case No. 1:15-cv-56 (D. N.M. Mar. 1, 2016).

District Court Rejects NEPA/Clean Water Act Challenges to Army Corps Dredging of the Snake River Navigation Channel182

Idaho Rivers United, et al. v. U.S. Army Corps of Engineers, ___F.Supp.3d___, Case No. C14-1800JLR (W.D. Wa Feb. 9, 2016).

District Court Upholds CERCLA’s Jurisdictional Bar in Denying Plaintiff’s Preemptive Lawsuit to Avoid Liability184

Land O’Lakes, Inc. v. U.S., ___F.Supp.3d___, Case No. CIV-15-683-R (W.D. Ok. Feb. 10, 2016).


Texas Landowners Own Texas Groundwater—State Court Awards Millions in Regulatory Takings Damages185

Bragg v. Edwards Aquifer Authority, Case No. 06-11-18170-CV (Dist. Ct. Medina County Feb. 22, 2016).