FEATURE ARTICLE
U.S. Supreme Court Rules Major Questions Doctrine Prohibits Broad Delegation of Congressional Authority to Regulate Greenhouse Gas Emissions Systems by Deborah Quick, Esq. and Lucille Flinchbaugh, Esq., Perkins Coie, LLP, San Francisco, California299
REGULATORY DEVELOPMENTS
California Department of Water Resources Public Comment Period Opens for Resubmitted Groundwater Sustainability Plans Deemed Incom-
plete305
New Mexico Water Quality Control Commission Issues National Resource Water Designations for Northern New Mexico Rivers and Streams306
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions309
LAWSUITS FILED OR PENDING
D.C. Circuit Dismisses Environmental Interest Groups’ Lawsuit Challenging U.S. EPA’s Approval of Oklahoma’s Coal Ash Plan under RCRA316
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Revisits the Meaning of ‘Transportation’ under
RCRA319
California River Watch v. City of Vacaville, ___F.4th___, Case No. 20-16605 (9th Cir. July 1, 2022).
D.C. Circuit Upholds FERC’s Approval of Adelphia Pipeline Acquisition under NEPA320
Delaware Riverkeeper Network v. Federal Energy Regulatory Commission, ___F.4th___, Case No. 20-1206 (D.C. Cir. Aug. 2, 2022).
Federal Circuit Recognizes Cognizable Property Interest in Flowage Easement for Properties Flooded in Hurricane Harvey322
Milton v. United States, 36 F.4th 1154 (Fed. Cir. 2022).
Fourth Circuit Allows Clean Water Act Citizen Suit to Proceed Despite Ongoing Proceedings at the State Level323
Naturaland Trust, et al. v. Dakota Finance, et al., 41 F.4th 342 (4th Cir. July 20, 2022).
RECENT STATE DECISIONS
California Supreme Court Holds Federal Power Act Does Not Preempt Application of CEQA to State Authority Over Dam Licensing326
County of Butte v. Department of Water Resources, ___Cal.5th___, Case No. C071785 (Cal. Aug. 1, 2022).
California Court of Appeal Finds Water Allocation Did Not Constitute a New ‘Project’ under the California Environmental Quality Act330
County of Mono v. City of Los Angeles, 81 Cal.App.5th 657 (1st Dist. 2022).
