Western Water Law & Policy Reporter

WESTERN WATER NEWS

Idaho Municipal Water Provider Releases Projected Water Demand Study Focusing on Meeting Future Water Supply Needs in the Treasure Valley-

Boise City Metropolitan Area197

LEGISLATIVE DEVELOPMENTS

Proposed California Bill Aims to Support Farmworkers Impacted by

Drought199

REGULATORY DEVELOPMENTS

EPA Takes Three Major Steps Towards Regulating PFAS CompoundstThrough the Clean Water Act NPDES Permit Program201

U.S. Bureau of Reclamation to Provide $100 Million for B.F. Sisk Dam in California202

California State Water Resources Control Board Adopts Emergency Drought Regulations Pursuant to Executive Order204

Oregon Water Resources Department Releases Study to Guide Future Groundwater Planning205

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions208

JUDICIAL DEVELOPMENTS

Federal:

First Circuit Vacates En Banc Holding to Limit the ‘Diligent Prosecution’ Bar on Citizen Suits under the Clean Water Act211

Blackstone Headwaters Coal., Inc. v. Gallo Builders, Inc., 32 F.4th 99 (1st Cir. 2022).

Ninth Circuit Rules Clean Water Act Water Quality Objectives Are Not Directly Applicable to Nonpoint Source Dischargers212

Central Sierra Environmental Resource Center v. Stanislaus National Forest, 30 F.4th 929 (9th Cir. 2022).

Ninth Circuit Affirms Summary Judgment in Favor of U.S. Fish and Wildlife Service, finding the ‘Barred Owl Removal Experiment’ Did Not Violate

NEPA214

Friends of Animals v. United States Fish and Wildlife Service, 28 F.4th 19 (9th Cir. 2022).

Sixth Circuit Finds Declaratory Judgment Sufficient to Trigger CERCLA Statute of Limitations for

Contribution Actions217

Georgia-Pacific Consumer Products LP v. NCR Corporation, ___F.4th___, Case No. 18:1806 (6th Cir. Apr. 25, 2022).

State:

Judicial Review of Washington Administrative

Penalty Orders— Ecology Must Provide ‘Written Technical Assistance’ Prior to Issuing a Cease-and-Desist Order219

Fode v. Department of Ecology, Case No. 38130-7-III (Wash.Ct.App. May 12, 2022).