FEATURE ARTICLE
California Court of Appeal Addresses CEQA Greenhouse Gas Emissions Analysis Methodology by Boyd Hill, Esq., Jackson Tidus, A Law Corporation, Irvine, California31
ENVIRONMENTAL NEWS
Colorado Entities Utilize Various Money-For-Water Programs in Attempts to Mitigate Drought, Protect Existing Water Rights37
What Happens to Federal Flood Control Operations in Idaho in the Absence of a Renewed Columbia River Treaty?39
REGULATORY DEVELOPMENTS
EPA Issues New Clean Water Act Section 401 Water Quality Certification Rules to Expand Authority of States and Tribes and Clarify Certification Procedures41
Water Recycling and Desalination Projects Receive Nearly $29 Million Investment from the U.S. Bureau of Reclamation42
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions45
RECENT FEDERAL DECISIONS
U.S. Supreme Court:
U.S. Supreme Court Upholds Ninth Circuit Ruling in San Luis Obispo Coastkeeper Regarding Water Releases from Dams to Comply with the Endangered Species Act49
Circuit Court of Appeals:
Fifth Circuit Upholds U.S. Army Corps of Engineers’ Clean Water Act 404 Permit for Liquid Natural Gas Project50
Healthy Gulf v. United States Army Corps of Engineers, 81 F.4th 510 (5th Cir. 2023).
District Court:
District Court Finds U.S. Forest Service Failed to Adequately Address Environmental Impacts from Amendments to Tree-Removal Standards in National Forests51
Greater Hells Canyon Council v. Wilkes, ___F.Supp.4th___, Case No. 2:22-cv-00859-HL (D. Or. Aug. 31, 2023).
RECENT STATE DECISIONS
Washington State Court of Appeals Rejects State Department of Ecology’s Nitrogen-Discharge
Limits54
City of Tacoma v. Department of Ecology, 535 P.3d 462 (Wash.App. 2023).