Western Water Law & Policy Reporter

FEATURE ARTICLE

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REGULATORY DEVELOPMENTS

Obama Administration-Era Clean Water Rule Repealed, Additional Changes to Waters of the United States Definition in Store8

Federal Agencies Release No Jeopardy Biological Opinions for the Central Valley Project in California9

Idaho Department of Environmental Quality Seeking Public Comment Regarding Draft Re-Use Permit Partnership Between City of Nampa and Pioneer Irrigation District11

Oregon Moves to Designate Waldo Lake and Crater Lake as Outstanding Resource Waters13

Lake Powell Pipeline Review by State of Utah Removes Hydropower Components Making Bureau of Reclamation New Lead Agency15

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions17

LAWSUITS FILED OR PENDING

Mayor of Maui and County Council Wrangle over Settlement Authority While U.S. Supreme Court Presses on in Maui v. Hawaii Wildlife Fund

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JUDICIAL DEVELOPMENTS

Federal:

Eleventh Circuit Affirms EPA’s Broad Discretion on Revoking State NPDES Permitting System22

Cahaba Riverkeeper et al. v. U.S. Environmental Protection Agency, 938 F.3d 1157 (11th Cir. 2019).

District Court Holds EPA’s Withdrawal of Objections to State-Administered Section 404 Permit Application Is Not Final Agency for APA Chal

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Coalition to Save the Menominee River Inc. v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 18-C-1798 (E.D. Wisc. Oct. 21, 2019).

State:

Utah Supreme Court Holds Local Water District’s Regulatory Powers Regarding Easements Cannot Broadly Restrict the Fee Owner’s Activities26

Metropolitan Water District of Salt Lake and Sandy v. SHCH Alaska Trust, Andrea A. Oveson, Rocky Mountain Holding Trust, 2019 UT 62

California Superior Court Dismisses Challenge to Western Municipal Water District’s Water Rate Structure29

Heath v Western Municipal Water District, Case No. RIC 1806580 (Riverside County Super. Ct. 2019).