Climate Change Law & Policy Reporter

FEATURE ARTICLE

The Public Trust Doctrine: Divergent Interpretations by Different States by Roderick E. Walston, Esq., Best Best & Krieger, Walnut Creek, Califor-

nia157

ENVIRONMENTAL NEWS

California Governor Newsom Suspends Delta Outflow Regulations to Bolster Water Storage, Updates Prior Restrictions on New and Replacement

Wells163

REGULATORY DEVELOPMENTS

California Department of Water Resources Approves New Groundwater Sustainability Plans for Northern State Basins165

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions167

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Holds Rulemaking Petition Regarding Grizzly Bear Recovery Plan Is Not Subject to Judicial Review173

Center for Biological Diversity v. Haaland, ___F.4th___, Case No. 21-35121 (9th Cir 2023).

Tenth Circuit Finds BLM Needs to Take a Hard Look under NEPA for New Mexico Fracking Permits174

Diné Citizens Against Ruining Our Environment et al. v. Bernhardt et al., ___F.4th___ , Case No. 21-2116 (10th Cir. Feb. 1, 2023).

Ninth Circuit Rules 2020 EPA Rule on Section 401 Certification to Remain in Effect During Agency Reconsideration176

In re Clean Water Act Rulemaking, ___F.4th___, Case Nos. 21-16958, 21-16960, 21-16961 (9th Cir. Feb. 21, 2023).

Fifth Circuit Affirmed Order to Remand for the Port of Corpus Christi Authority Regarding Dredging Operations178

Port of Corpus Christi Authority of Nueces County, Texas v. Port of Corpus Christi L.P., 57 F.4th 432 (5th Cir. 2023).

Fifth Circuit Upholds Permit for Oil and Gas Facility on Wetlands180

Shrimpers v. United States Army Corps, 56 F.4th 992 (5th Cir. 2023).

District Court:

District Court in Massachusetts Leaves Enforcement Decisions About Industrial Sewer Dischargers to Public Authorities181

Conservation Law Foundation, Inc. v. Massachusetts Water Resources Authority, ___F.Supp.4th___, Case No. 22-10626-RGS (D. Mass. Feb. 17, 2023).

RECENT STATE DECISIONS

California Court of Appeal Rejects Challenge to EIR Prepared for Project to Connect the City of Buenaventura to the State Water Project184

California Water Impact Network v. City of San Buenaventura, Unpub., Case No. B315362 (2nd Dist. Jan. 4, 2023).