FEATURE ARTICLE
Ninth Circuit Finds No Waiver of State Water Board’s Section 401 Certification Authority—the Latest in the Battle of Authority to Regulate Federal Hydropower Projects by Brian E. Hamilton, Esq. and Holly Tokar, Esq, Downey Brand, LLP, Sacramento, California177
WATER NEWS
Modernizing the Columbia River Treaty—What’s to Come?182
News from the West183
LEGISLATIVE DEVELOPMENTS
Federal Inflation Reduction Act Provides Additional Funding for Drought Relief Efforts188
REGULATORY DEVELOPMENTS
U.S. Environmental Protection Agency Announces Updates to Drinking Water Health Advisories for ‘Forever Chemicals’ PFAS190
Reversal of Critical Habitat Exclusion Regulation under Endangered Species Act Becomes Final192
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions194
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Limits Waivers of Clean Water Act Section 401 Certifica-
tions197
California State Water Resources Control Board v. FERC, 43 F.4th 920 (9th Cir. 2022).
Ninth Circuit Finds Failure to Join Klamath Tribes in Suit Against the Bureau of Reclamation Fatal to Law Suit199
Klamath Irrigation District v. United States Bureau of Reclamation, ___F.4th___, Case No. 20-36009 (9th Cir. 2022).
Third Circuit Affirms Dismissal of Clean Water Act Citizen Suit for Insufficient Pre-Suit Notice Written by Attorney202
Shark River Cleanup Coalition v. Township of Wall, 47 F.4th 126 (3rd Cir. Aug. 24, 2022).
