Western Water Law & Policy Reporter

FEATURE ARTICLE

NEPA Regulations Overhaul and Their Impact on Climate Change Considerations by Darrin Gambelin, Esq. and Hina Gupta, Esq., Downey Brand, San Francisco, California3

WESTERN WATER NEWS

Ongoing Mexico/U.S. Cross-Border Sewage Contamination Fuels Public Outcry9

REGULATORY DEVELOPMENTS

U.S. Army Corps of Engineers Reissues and Proposes Modifications to Nationwide Permit Program Amidst Uncertainty Surrounding Nationwide Permit 1211

Colorado Water Quality Control Commission Adopts New Policy Addressing PFAS, Forever Chemicals.13

Washington State Department of Ecology Proposes New Areas of Adjudication15

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions17

LEGISLATIVE DEVELOPMENTS

Congress Considers Amendment to Expand the Reach of the Water Infrastructure Finance and Innovation Act20

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Affirms Order Vacating the Delisting of the Yellowstone Grizzly Population22

Crow Indian Tribe v. United States, 965 F.3d 662 (9th Cir. 2020).

Tenth Circuit Rules in Favor of New Mexico Pueblo Indian Tribes Holding Pueblo Water Rights Not Extinguished by Spain23

United States on Behalf of the Pueblos of Jemez, Santa Ana and Zia v. Abouselman, ___F.3d___, Case No. 18-2164 (10th Cir. Sept. 29, 2020).

District Court Orders EPA to Provide More Frequent Status Reports on Development of Anacostia River Clean Water Act TMDL26

Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 16-1861(JDB) (D. D.C. Sept. 21, 2020).

District Court Approves Consent Decree Between Federal, State and Local Government Which Aims to Remedy Clean Water Act Violations28

U.S. and State of Texas v. City of Corpus Christi, ___F.Supp.3d___, Case No. 2:20-cv-00235 (S.D. Tex. Sept. 25, 2020)

State:

Utah Supreme Court Clarifies Elements for Claims of Interference of Water Rights29

Arave v. Pineview West Water Company, 2020 UT 67 (2020).