Western Water Law & Policy Reporter

FEATURE ARTICLE

SCOTUS Limits WOTUS: Jurisdictional Waters and Wetlands under the Clean Water Act Must Be Relatively Permanent, Standing, or Continuously Flowing Bodies of Water by Nicole Granquist, Esq. and Jaycee Dean, Esq., Downey Brand, LLP, Sacramento, California211

LEGISLATIVE DEVELOPMENTS

Federal Open Access Evapotranspiration Data Act in Congress Proposes Significant Updates to Water Measurement and Management216

2023 Colorado Legislative Update217

REGULATORY DEVELOPMENTS

National Marine Fisheries Service Maintains Endangered Listing Status for Southern California Steelhead219

California Department of Water Resources Approves 12 Groundwater Sustainability Plans for Non-Critically Overdrafted Basins220

U.S. Golden Eagle Farms Avoids Litigation with Administrative Settlement in Washington222

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions224

LAWSUITS FILED OR PENDING

Environmental NGO, Snake River Waterkeeper, Files Suit Against J.R. Simplot Company Over Alleged CAFO/Feedlot-Related Clean Water Act Violations228

JUDICIAL DEVELOPMENTS

Federal:

D.C. Circuit Requires EPA to Regulate Perchlorate Levels in under the Safe Drinking Water Act230

NRDC v. Regan, ___F.4th___, Case No. 20-1335 (D.C. Cir. May 9, 2023).

Fourth Circuit Requires Discharger to Renew NPDES Permits under General Compliance Requirements in Consent Decree232

United States of America v. Southern Coal Corporation, 64 F.4th 509 (4th Cir. 2023).

District Court Reduces Attorney’s Fees Award in Clean Water Act Citizen Suit233

Conservation Law Foundation, Inc. v. Mason, ___F.Supp.4th___, Case No. 1:18-cv-00996-PB (D. N.H. Apr. 26, 2023).