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Environmental, Energy and Climate Change Law & Regulation Reporter

December 2023

Volume 4, Number 3 December 2023

ENVIRONMENTAL NEWS

Congressional Members, Including Those from Idaho, Seek Clarification of Apparent Columbia River System Operations Settlement Terms59

Addressing Drought, California Governor Newsom Utilizes New Infrastructure Streamlining Law to Certify Judicial Streamlining of the Sites Reservoir Project60

Beneath the Surface: A Look into the High Desert Water Bank62

LEGISLATIVE DEVELOPMENTS

California Governor Newsom Signs Major Climate Change Disclosure Laws for Corporate Accountability64

California Senate Bill 659 Aims to Improve Groundwater Recharge

Efforts65

REGULATORY DEVELOPMENTS

EPA Publishes Final Rule on PFAS Reporting under TSCA68

Petition before the Washington State Department of Ecology for Declaratory Order to Reconsider the Development and Use of a Water Bank

Denied69

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions72

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Fifth Circuit Tosses Army Corps’ Derelict Environmental Assessment under Section 404 of the Clean Water Act77

O’Reilly v. All State Fin. Co., ___F.4th___, Case No. 22-30608 (5th Cir. Oct. 12, 2023).

District Court:

District Court Holds Subject Matter Jurisdiction Under the Clean Water Act Is Independent of the Merits of the Claim97

Inland Empire Waterkeeper v. Corona Clay Company, ___F.Supp.4th___, Case No 10-26-2023 (C.D. Cal 2023).

District Court Allows Claims to Proceed Against Wisconsin Prison for Eighth Amendment and Safe Drinking Water Act Violations81

Trais Fernandez Haire v. Warden Randall Hepp, et al., ___F.Supp.4th___, Case No. 23-C-1073 (E.D. Wis. Oct. 26, 2023).

RECENT STATE DECISIONS

California Court of Appeal Reverses Gratn of Writ Challenging Desalination Project—Finds Support for Statement of Overriding Conditions83

Marina Coast Water District v. County of Monterey, ___Cal.App.5th___, Case Nos. H049416 & H049170 (6th Dist. Sept. 8, 2023).