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Climate Change Law & Policy Reporter

March 2024

Volume 4, Number 6 March 2024

FEATURE ARTICLE

Nevada Supreme Court Clarifies Nevada State Engineer’s Authority to Conjunctively Administer Hydrologically Connected Water Resources by Micheline Fairbank, Esq., Fennemore Craig, PC, Reno, Nevada151

ENVIRONMENTAL NEWS

Governor Gavin Newsom’s Office Releases Comprehensive Salmon Strategy for California158

New Mexico Governor Announces 50-Year Water Action Plan and Google Teamed Initiative to Identify Water Leaks and Inefficiencies Using Satellite Imagery160

REGULATORY DEVELOPMENTS

California Department of Water Resources Determines Seven Basin Plans Incomplete in Final Review of Groundwater Sustainability Plans162

California Energy Commission Releases Draft Offshore Wind Plan that Details Port Infrastructure Needs164

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions166

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Court Affirms Dismissal of Clean Water Act and Endangered Species Act Claims173

Kelly v. City of Poway, Unpub., Case No. 22-55920 (9th Cir. Dec. 19, 2023).

Tenth Circuit Requires More Rigorous Review to Determine When Seepage into Groundwater Is a Clean Water Act Discharge174

Stone v. High Mountain Mining Company, 89 F.4th 1246 (10th Cir. 2024).

Third Circuit Upholds FAA’s New Jersey Airport Improvements Approval under NEPA176

Trenton Threatened Skies, Inc., et al. v. Federal Aviation Administration, 90 F.4th 122 (3rd Cir. 2024).

RECENT STATE DECISIONS

California Court of Appeal Upholds State Public Utilities Commission Decision Establishing New Tariff Rates for Renewable Energy Systems179

Center for Biological Diversity, et al., v. Public Utilities Commission, ___Cal.App.5th___, Case No. No. A167721 (1st Dist. Dec. 20,2023, modified Dec. 21, 2023, as modified Jan. 16, 2024).

California Court of Appeal Addresses Trial Court Discretion to Fashion Remedies for CEQA Viola-

tions181

Natural Resources Defense Council, et al., v. City of Los Angeles, et al., ___Cal.App.5th___, Case No. D080902 (4th Dist. Dec. 29,2023; Certified for Publication, Jan. 22, 2024).