ENVIRONMENTAL NEWS
U.S. EPA Enters into Settlement Agreement to Further Assess Pesticide Risks to Threatened and Endangered Species3
LEGISLATIVE DEVELOPMENTS
California State Assembly Approves AB 1572 to Ban Use of Potable Water on Non-Functional Turf Beginning in 20275
REGULATORY DEVELOPMENTS
‘Waters of the United States’ Redefined—EPA and the Corps Issue Conforming WOTUS Rule in Wake of the Sackett Decision Narrowing the ‘Reach’ of the Clean Water Act7
EPA Agrees to Investigate First-Ever Title VI Claim Stemming from the State Water Board’s Actions on the Bay-Delta Plan9
U.S. Bureau of Reclamation Receives Scoping Comments on Post-2026 Colorado River Operations10
New California Water Conservation Rules from the State Water Board Herald Big Changes for Water Suppliers12
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions14
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
D.C. Circuit Finds U.S. Surface Transportation Board Failed to Take a ‘Hard Look’ at Utah Oil Rail Project’s Environmental Impacts under NEPA19
Eagle County, Colorado v. U.S. Surface Transportation Board et al., ___F.4th___, Case No. 22-1019 (D.C. Cir. 2023); Center for Biological Diversity et al. v. U.S. Surface Transportation Board et al., ___F.4th___, Case No. 22-1020 (D.C. Cir. 2023).
Fourth Circuit Applies the Major Questions Doctrine to Limit the Scope of the Clean Water Act20
North Carolina Coastal Fisheries Reform Grp. v. Capt. Gaston LLC, 76 F.4th 291 (4th Cir. Aug. 7, 2023).
RECENT STATE DECISIONS
California Court of Appeal Finds Trial Court Exceeded Its Jurisdiction by Failing to Discharge CEQA Writ after City Complied with Mandate22
McCann v. City of San Diego, 94 Cal.App.5th 284 (4th Dist. 2023).
California Court of Appeal Finds City Failed to Consider Housing Element Policies of Its General Plan for Class 32 CEQA Exemption for a Hotel Pro-
ject24
United Neighborhoods for Los Angeles v. City of Los Angeles, 93 Cal.App.5th 1074 (2nd Dist. 2023).
