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California Water Law & Policy Reporter

August/September 2022

Volume 32, Number 11 August/September 2022

LEGISLATIVE DEVELOPMENTS

California Assembly Bill Would Require Groundwater Sustainability Agency Involvement in Local Agency Well Approval Process255

REGULATORY DEVELOPMENTS

California Department of Water Resources Public Comment Period Opens for Resubmitted Groundwater Sustainability Plans Deemed Incom-

plete257

LAWSUITS FILED OR PENDING

D.C. Circuit Dismisses Environmental Interest Groups’ Lawsuit Challenging U.S. EPA’s Approval of Oklahoma’s Coal Ash Plan under RCRA259

Environmental Organizations File Lawsuit Challenging the National Marine Fisheries Service’s Approvals of Enhancement of Survival Permits for Shasta River Landowners261

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Upholds EIS and Comprehensive Conservation Plan for Two National Wildlife Refuges263

Audubon Society of Portland v. Haaland, 40 F.4th 917 (9th Cir. 2022).

Ninth Circuit Revisits the Meaning of ‘Transportation’ under the Federal Resource Conservation and Recovery Act264

California River Watch v. City of Vacaville, ___F.4th___, Case No. 20-16605 (9th Cir. July 1, 2022).

Fifth Circuit Rules Oil Pollution Act Claims Merit a Jury Trial266

United States v. ERR, LLC, et al., ___F.4th___, Case No. 21-30028 (5th Cir. 2022).

RECENT CALIFORNIA DECISIONS

Supreme Court:

California Supreme Court Holds CEQA Not Categorically Preempted by Federal Power Act268

County of Butte v. Department of Water Resources, et al., ___Cal.5th___, Case No. S258574 (Cal. Aug. 25, 2022).

Court of Appeal:

Third District Court Declares Terrestrial Invertebrates Eligible for Listing under California Endangered Species Act270

Almond Alliance of California v. Fish & Game Commission, 79 Cal.App.5th 337 (3rd Dist. 2022).

City of Los Angeles Prevails in Water Dispute with Mono County271

County of Mono v. City of Los Angeles, Unpub., Case No. A162590 (1st Dist, June 30, 2022).