Western Water Law & Policy Reporter

FEATURE ARTICLE

Amigos Bravos Files Petition for Review of Agency Action against EPA, Seeking to Have Storm Water Runoff, Downstream of Los Alamos National Laboratory, Declared a Clean Water Act Point Source of Pollution by

35

WESTERN WATER NEWS

California American Water’s Monterey Bay Desalination Project Continues to Face Opposition39

One Nevada County Proposes the Novel Idea of Exporting Excess Flood-

waters40

Great Lakes Beaches are Disappearing Due to Rising Water Levels42

LEGISLATIVE DEVELOPMENTS

Colorado Voters Pass Proposition ‘DD’ to Fund Water Projects from Newly-Legalized Sports Betting44

REGULATORY DEVELOPMENTS

Advocacy Groups Petition the National Marine Fisheries Service to List Spring-Run Oregon Coast Chinook Salmon under the Federal Endangered Species Act46

U.S. Bureau of Reclamation Publishes Notice of Proposed Water Supply Contract with Westlands Water District48

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions50

JUDICIAL DEVELOPMENTS

Federal:

Fourth Circuit Affirms Prison Sentence for Knowing and Intentional Violations of the Clean Water Act53

United States v. Blankenship, Unpub., Case No. 19-4072 (4th Cir. Oct. 1, 2019).

U.S. Army Corps of Engineers’ 2017 Nationwide Permit for Commercial Shellfish Aquaculture Set Aside by the District Court in Washington

State54

Coalition to Protect Puget Sound Habitat v. U.S. Army Corps. of Engineers, ___F.Supp.3d___, Case No. 17-1209RSL (W.D. Wash. Oct. 10, 2019).

District Court Grants Motion for Summary Judgement on Administrative Violation of the Clean Water Act56

The Blackstone Headwaters Coalition, Inc. v. Gallo Builders, Inc., ___F.Supp.3d___, Case No. 4:16-cv-40053 (D. Mass. Sep. 30, 2019).