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Western Water Law & Policy Reporter

March 2018

Volume 22, Number 5 March 2018




Federal Energy Regulatory Commission Issues Notice Accepting Utah’s Application for Lake Powell Pipeline134

California WaterFix: State Water Resources Control Board Delays Start of Part 2135

Nevada State Engineer Issues Order to Curb New Domestic Wells in Pahrump Basin137

Under Threat of Lawsuit, Federal Wildlife Services Program Agrees to Suspend and Evaluate Oregon Aquatic Mammal Damage Management Progr-



Texas v. Colorado and New Mexico Update—Oral Arguments on the United States’ Complaint of Intervention140



U.S. Supreme Court Clarifies Procedure for Challenging Regulations Defining the Scope of the Clean Water Act, Leaving Substance Unresolv-


National Association of Manufacturers v. Department of Defense, ___U.S.___, S. Ct. Case No. 16-299 (U.S. Jan. 22, 2018).

First Circuit Holds EPA Has Discretion on Whether to Serve Individual Clean Water Act Notices on Stormwater Dischargers145

Conservation Law Foundation, et al. v. Scott Pruitt, Administrator of the U.S. Environmental Protection Agency et al., 881 F.3d 24 (1st Cir. 2018).

Ninth Circuit Finds Pollution from Wells to the Pacific Ocean Constituted Point Sources under the Clean Water Act—The Stage May be Set for U.S. Supreme Court Determination147

Hawai’i Wildlife Fund v. County of Maui, ___F.3d___, Case No. 15-17447 (9th Cir. Feb. 1,2018).

District Court Denies Summary Judgment Motion Brought against Honeywell Seeking to Limit Soil and Groundwater Environmental Indemnity150

Hammond, Kennedy, Whitney & Co., Inc. v. Honeywell International, Inc., ___F.Supp.3d___, Case No. 1:16-cv-09808 (N.D. Ill. Jan. 29, 2018).

District Court Finds that Landowner which Did

Not Pollute Site Still Liabie under CERCLA

Contribution Claim for Soil and Groundwater Contamination152

Valbruna Slater Steel Corporation, et al., v. Joslyn Manufacturing Company, et al., ___F.Supp.3d___, Case No. 1:10-CV-044 JD (N.D. Ind. Jan. 16, 2018).