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Western Water Law & Policy Reporter

March 2017

Volume 21, Number 5 March 2017


Second Circuit Upholds EPA Rule Excluding Water Transfers from Regulation under the Federal Clean Water Act by Peter D. Nichols, Esq., Berg Hill Greenleaf Ruscitti, LLP, Boulder, Colorado123


President Trump Signs Executive Orders to Advance the Keystone XL and Dakota Access Pipelines129

Arizona Water Shortage, Earth Fissures, and Land Subsidence130

Preparing for California’s Sustainable Groundwater Management: A Review of Groundwater Recharge132


U.S. Fish and Wildlife Service Seeks Greater Influence with New Endangered Species Act Compensatory Mitigation Policy136

Four High-Priority Nevada Watersheds to Benefit from U.S. Department of Agriculture Funds to Improve Water Quality137


Iowa’s Civil Water Wars Highlight the Mississippi Basin Water Quality Challenge139



Tenth Circuit Holds Asarco’s Settlement Representations Not an Admission Contradicting Its CERCLA Contribution Claim141

Asarco, LLC v. Noranda Mining Co., ___F.3d___, Case No. 16-4045 (10th Cir. Jan. 3, 2017).

Fourth Circuit Holds Federal Clean Water Act Permit Does Not Shield Permittee from Liability for Violation of State Water Quality Standards143

Ohio Valley Environmental Coalition v. Fola Coal Co., LLC, ___F.3d___, Case No. 16-1024 (4th Cir. Jan. 4, 2017).

District Court Holds Drain Assessment Costs Imposed to Address Groundwater Contamination May Constitute CERCLA ‘Response Costs’145

Charter Township of Lansing and Lansing Township Downtown Development Authority v. Lansing Board of Water and Light, ___F.Supp.3d___, Case No. 1:14—cv-515 (W.D. Mi. Jan. 6, 2017).

District Court Holds Payment Pursuant to Settlement Agreement for Crude Oil Spill Was a Civil Penalty Not Subject to Contribution Action147

Chevron Pipe Line Company v. Pacificorp, d/b/a/ Rocky Mountain Power, ___F.Supp.3d___, Case No. 2:12-CV-287-TC (D. Ut. Jan. 27, 2017).


California Court of Appeal Rejects ‘Wheeling Rates’ for Third-Party Agencies Based on Strict Pro Rata Allocations for System-Wide Costs149

Central San Joaquin Water Conservation District v. Stockton East Water District, ___Cal.App.5th___, Case No. C072218 (3rd Dist. Jan, 25, 2017).