Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Western Water Law & Policy Reporter

April 2018

Volume 22, Number 6 April 2018


U.S. Army Corps and EPA Delay Implementation of Controversial Rule Defining ‘Waters of the United States’ under the Clean Water Act159

U.S. Army Corps of Engineers Seek Trump Administration Clarification of Review Process for Historical Impacts Analysis161

Oregon Department of Environmental Quality Issues Revised Western Hood Sub-Basin Temperature CWA Total Maximum Daily Load162


Utah Legislature Proposes Bills Primarily Salt Lake City’s Water Shed Protection Practices164


Interstate Compact Litigation Update—U.S. Supreme Court Holds Federal Government May Pursue Claims That New Mexico Has Violated the Rio Grande Compact166

Arizona Department of Water Resources and the Consideration of Existing Uses When Determining Water Adequacy for Subdivisions?—Issue before the State Supreme Court168



District Court Rules that Final EIS/EIR and Biological Opinion for Water Transfers Did Not Fully Comply with NEPA, CEQA, and the ESA170

AquAlliance v. U.S. Bureau of Reclamation, et al., ___F.Supp.3d___, Case No. 1:15-cv-754-LJO-BAM (E.D. Cal. Feb. 15, 2018).

District Court Holds It Can Hear an Action Against EPA’s Denial of a Clean Water Act Petition in the First Instance172

Blue Water Baltimore, Inc. v. Pruitt, ___F.Supp.3d___, Case No. GLR-17-1253, (D. Md. Feb. 05, 2018).

District Court Holds That Plaintiff Sufficiently Alleged Defendant’s Contribution Liability to the

Relevant Contamination in CERCLA/RCRA


Clean Harbors Services, Inc. v. The Illinois International, Port District, ___F.Supp.3d___, Case No. 12-CV-7837 (N.D. Ill. Feb. 15, 2018).

District Court Finds One Consent Order Resolved Liability Allowing a CERCLA Section 107(a) Action, but Held the Second Order Highlights a Split in the Second Circuit176

Cooper Crouse-Hinds, LLC, et al., v. City of Syracuse, et al., ___F.Supp.3d___, Case No. 16-CV-1202 (N.D. N.Y. Feb. 12, 2018).

District Court Finds Plaintiff’s Clean Water Act Lawsuit Was Barred by Sovereign Immunity178

Tressler v. Summit Township and the Commonwealth of Pennsylvania, ___F.Supp.3d___, Case No. 3:17-cv-32 (W.D. Penn. Feb. 16, 2018).


California Trial Court Denies Request to Enjoin California WaterFix Change Petition Hearing Due to Alleged Unlawful Ex Parte Communicat-


County of Sacramento v. State Water Resources Control Board, Case No. 34-2018-80002812, filed, Feb. 27.2018 (Sac. Superior Ct.)