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, California253
LEGISLATIVE DEVELOPMENTS
Federal Open Access Evapotranspiration Data Act in Congress Proposes Significant Updates to Water Measurement and Management258
2023 Colorado Legislative Update on Water Resources259
REGULATORY DEVELOPMENTS
National Marine Fisheries Service Maintains Endangered Listing Status for Southern California Steelhead261
California Department of Water Resources Approves 12 Groundwater Sustainability Plans for Non-Critically Overdrafted Basins262
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions265
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Holds City of Berkeley’s Natural Gas Piping Installation Ban within Newly Constructed Buildings is Preempted by Federal Law269
California Restaurant Association v. City of Berkeley, 65 F.4th 1045 (9th Cir. 2023)
D.C. Circuit Requires EPA to Regulate Perchlorate Levels in under the Safe Drinking Water Act270
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 Decree272
United States of America v. Southern Coal Corporation, 64 F.4th 509 (4th Cir. 2023).
District Court:
District Court Reduces Attorney’s Fees Award in Clean Water Act Citizen Suit274
Conservation Law Foundation, Inc. v. Mason, ___F.Supp.4th___, Case No. 1:18-cv-00996-PB (D. N.H. Apr. 26, 2023).
District Court Affirms Parties Cannot Contractually Avoid CERCLA Liability to the U.S. Govern-
ment276
United States v. The Boeing Company, ___F.Supp.4th___, Case Number 2:22-cv-00485 (W.D. Wash. Apr. 25, 2023).
RECENT STATE DECISIONS
California Court of Appeal Affirms Denial of Motion to Intervene by the California Coastal Commission in Challenge to Coastal Development Permit for Off Highway Vehicles278
Friends of Oceano Dunes v. California Coastal Commission, ___Cal.App.5th___, Case No. B320491 (2nd Dist. Apr. 20, 2023).
