Western Water Law & Policy Reporter

WESTERN WATER NEWS

Biden Administration Fiscal Year 2022 Proposed Budget Prioritizes U.S. Bureau of Reclamation Water Projects245

California to Stop Issuing Fracking Permits by 2024 and Phase Out Oil Extraction by 2045246

LEGISLATIVE DEVELOPMENTS

California Senate Passes Bill to Help Repair the State’s Water Infrastructure248

Washington State’s 2021 Legislative Session—Legislating through Budget Proviso249

REGULATORY DEVELOPMENTS

California State Water Board Seeks Curtailment of Water Rights as Russian River Watershed Drought Conditions Worsen252

Colorado Department of Public Health and Environment Previews Draft Legislation for State-Run Dredge and Fill Permit Program253

New Mexico Game Commission Holds Special Meeting Pursuant to Federal Court Order to Issue Final Agency Decision on Applications for Non-Navigable Waterway Certifications255

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions257

LAWSUITS FILED OR PENDING

Nevada Supreme Court Hears Oral Argument in Case Challenging First-Of-Its-Kind Groundwater Management Plan260

JUDICIAL DEVELOPMENTS

Federal:

U.S. Supreme Court Determines Contribution Action Under CERCLA Section 113(F) Requires Settlement of CERCLA Liability—Not Clean Water Act Liability264

Territory of Guam v. United States, ___U.S.___, 141 S.Ct. 1608 (2021).

Ninth Circuit Finds U.S. Fish and Wildlife Service Failed to Explain Why it Reversed Previous Listing Decision Regarding Pacific Walrus266

Center for Biological Diversity v. Haaland, ___F.3d___, Case No. 19-35981 (9th Cir. June 3, 2021).

Ninth Circuit Addresses Hydroelectric Project, Indispensable Parties, and Tribal Sovereign Immunity in the Context of a Clean Water Act Citizen

Suit267

Deschutes River Alliance v. Portland General Electric Company, et al., ___F.3d___, Case No. 18-35867 (9th Cir. June 23, 2021).