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California Water Law & Policy Reporter

August/September 2023

Volume 33, Number 11 August/September 2023


Biden Administration Invests $50 Million in California Water Storage Projects as Part of Larger Investment in Western Water Security267

PFAS Manufacturers Preliminarily Settle Claims for Drinking Water Contamination268


U.S. Senate Bill Aims to Repurpose Irrigated Farmlands in Western States to Reduce Water Consumption and Prepare for Droughts270


Council on Environmental Quality’s Proposed Phase 2 Regulations Modifying the National Environmental Policy Act are Open for Comment272

California Department of Water Resources Releases Updated Determinations for Groundwater Sustainability Plans274

California Department of Toxic Substances Control Implements New Rule for Tire Producers to Protect Public and Environmental Health275

Interagency Desalination Group Proposes New Recommendations to Expedite Permitting of Future Desalination Facilities277


Circuit Court of Appeals:

Ninth Circuit Denies Petition for Review of Environmental Protection Agency’s Rejection of San Francisco’s Wastewater Discharge Permit280

City of San Francisco v. United States Environmental Protection Agency, ___F.4th___, Case No. 2170282 (9th Cir. July 31, 2023).

District Court:

District Court Vacates National Marine Fisheries Services’ Biological Opinion and Environmental Assessment for Safe Harbor Agreements Regarding Shasta River Coho Salmon282

Environmental Protection Information Center, et al. v. Alicia Van Atta, et al., ___F. Supp. 4th___, Case No. 47, 3:22-cv-03520-TLT (N.D. Cal., July 11, 2023).


California Court of Appeal Holds Informational Harm to the Public Interest Must be Considered When Evaluating CEQA Injunction Relief284

Tulare Lake Canal Co. v. Stratford Public Utility District, 92 Cal.App.5th 380 (5th Dist. 2023).

Colorado Supreme Court Declines Opportunity to Clarify State Ownership of Navigable Riverbeds, Decides Case on Standing286

State v. Hill, 2023 CO 31 (2023).