Western Water Law & Policy Reporter
August/September 2017
Volume 21, Number 10
August/September 2017
FEATURE ARTICLE
279
WESTERN WATER NEWS
Will EPA and the U.S. Army Corps of Engineers Do the Two-Step with ‘Waters of the United States’ Revision?283
Dispute in Arizona is Brewing over Authority to Manage the State’s Central Arizona Project’s Water—Governor Convenes Discussion Group284
Idaho Municipalities Seek NPDES Permit Cost Avoidance through Alternative Thinking285
REGULATORY DEVELOPMENTS
Prompted by the Oroville Dam Crisis, California Department of Water Resources Orders Inspection of Nearly 100 California Dams288
LEGISLATIVE DEVELOPMENTS
U.S. Representative Scott Tipton from Colorado Reintroduces Water Rights Protection Act in Congress290
Governor Brown Signs Assembly Bill 321 Into Law—Farmers and Ranchers Now Considered Beneficial Users in California under the Sustainable Groundwater Management Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
Oregon 2017 Legislative Session Summary of Water-Related Bills293
LAWSUITS FILED OR PENDING
Washington State Asks the U.S. Supreme Court
to Review the Ninth Circuit’s Culvert Decis-
ion296
JUDICIAL DEVELOPMENTS
Federal:
After Decades-Long Delay in Court-Ordered Agency Action, Petitioners Must File New Administrative Petition to Challenged Substance of Agency Action299
In re Pesticide Action Network North America v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-72794 (9th Cir. July 18, 2017).
The Merits of Asarco’s Contribution Claim Must Await an EPA Approved Remediation Plan301
Asarco, LLC v. Noranda Mining, Inc., ___F.Supp.3d___, Case No. 2:12-cv-527 DN (D. Ut. July 11, 2017).
District Court Rejects Monsanto’s Counterclaims Seeking to Defray Its PCB Contamination Responsibility under the Clean Water Act and
CERCLA303
City of Spokane v. Monsanto Company,
___F.Supp.3d___, Case No. 2:15-CV-00201-SMJ (E.D. Wash. July 10, 2017).
‘Diligent Prosecution’ Provision of Clean Water
Act Does Not Bar Citizen’s Suit where Federal and State Court Allegations Are Not Wholly Duplicat-
ive305
Coosa Riverkeeper, Inc. v. Oxford Water Works and Sewer Board, ___F.Supp.3d___, Case No. 2:16-cv-01737 (N.D. Ala. June 16, 2017).
