FEATURE ARTICLE
Ninth Circuit Finds No Waiver of State Water Board’s Section 401 Certification Authority—The Latest in the Battle of Authority to Regulate Federal Hydropower Projects by Brian E. Hamilton, Esq. and Holly Tokar, Esq, Downey Brand, LLP, Sacramento, California3
WATER NEWS
Governor Newsom Release California’s Water Supply Strategy8
Turlock Irrigation District Launches Pilot Program Installing Solar Panels over Canals to Test Water Savings and Energy Benefits9
Las Virgenes Municipal Water District Introduces New Water Flow Restrictor Devices as Water Users Fail to Meet Conservation Demands10
LEGISLATIVE DEVELOPMENTS
Inflation Reduction Act Provides Additional Funding for Drought Relief Efforts12
California Lawmakers Approve Bill to Provide Low-Income Residents with Assistance Paying Water and Wastewater Bills13
REGULATORY DEVELOPMENTS
EPA Proposes Designating PFOA and PFOS as Hazardous Substances under the Comprehensive Environmental Response, Compensation, and Liability Act15
Reversal of Critical Habitat Exclusion Regulation under Endangered Species Act Becomes Final18
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Finds Failure to Join Klamath Tribes in Suit Against the Bureau of Reclamation Fatal to Lawsuit20
Klamath Irrigation District v. United States Bureau of Reclamation, ___F.4th___, Case No. 20-36009 (9th Cir. 2022).
RECENT CALIFORNIA DECISIONS
Court of Appeal:
First District Court Affirms Trial Court Decision Denying Challenge to Flood Control Project Programmatic EIR Range of Alternatives24
Joshua v. San Francisquito Creek Joint Powers Authority, Unpub., Case No. A163294 (1st Dist. Aug. 23, 2022).
