ENVIRONMENTAL NEWS
California Governor’s Office of Planning and Research Issues Guidance Letter Regarding Senate Bill 69 Which Addresses Environmental Impact Reports under CEQA127
Colorado River Water Conservation District Completes Landmark Purchase of Large-Scale Water Rights128
LEGISLATIVE DEVELOPMENTS
Hydroelectric Power and Endangered Species: Idaho Congressman Joins Sponsorship of the “DAMN Act” Regarding Settlement in the Columbia River System Operations Litigation130
REGULATORY DEVELOPMENTS
Direct Potable Water Reuse Regulations Adopted by California Agency for Treating Wastewater into High Quality Drinking Water132
Washington State Auditor Issues Report Assessing State Department of Health’s Water Use Efficiency Regulations and Administration133
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions135
LAWSUITS FILED OR PENDING
SF Baykeeper Files Suit Against the Fish and Wildlife Service Seeking ESA Listing of the Longfin Smelt139
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Divided Ninth Circuit Reaffirms Decision that Berkeley’s Ban on Natural Gas Piping Installations in New Construction Is Federally Preempted141
California Restaurant Association v. City of Berkeley, ___F.4th___, Case No. 21-16278 (9th Cir. Jan. 2, 2024).
Tenth Circuit Reverses $500,000 Clean Water Act Penalty After Incomplete Application of Maui Factors by the District Court143
Pamela Stone et al. v. High Mountain Mining Co. LLC et al., ___F.4th___, Case No. 22-1340 (10th Cir. Jan. 3, 2024).
RECENT STATE DECISIONS
California Court Upholds Injunction and Penalty Order for Unpermitted Conversion of Marsh Land Area146
People ex rel. San Francisco Bay Conservation and Development Commission v. Sweeney, Unpub., Case No. A166565 (1st Dist. Dec. 8, 2023).
