FEATURE ARTICLE
California Supreme Court Holds Federal Power Act Does Not
Preempt Application of CEQA to State’s Authority over Dam Licensing
by Bridget McDonald, Esq., Remy Moose Manley, LLP,
Sacramento, California3
ENVIRONMENTAL NEWS
California Governor Newsom Release State’s Water Supply Strategy8
LEGISLATIVE DEVELOPMENTS
Federal Inflation Reduction Act Provides Additional Funding for Drought Relief Effort10
REGULATORY DEVELOPMENTS
Reversal of Critical Habitat Exclusion Regulation under Endangered Species Act Becomes Final12
U.S. Environmental Protection Agency Announces Updates to Drinking
Water Health Advisories for ‘Forever Chemicals’ PFAS13
California Expands State Energy Commission’s Authority and Eases Environmental Requirements to Promote Clean Energy Projects and Improve Grid Reliability15
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions18
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Limits Waivers of Clean Water Act Section 401 Certifications22
California State Water Resources Control Board v. FERC, 43 F.4th 920 (9th Cir. 2022).
Ninth Circuit Finds Failure to Join Klamath Tribes in Suit Against the Bureau of Reclamation Fatal to Law Suit24
Klamath Irrigation District v. United States Bureau of Reclamation, ___F.4th___, Case No. 20-36009 (9th Cir. 2022).
Third Circuit Affirms Dismissal of Clean Water Act Citizen Suit for Insufficient Pre-Suit Notice Written by Attorney28
Shark River Cleanup Coalition v. Township of Wall, 47 F.4th 126 (3rd Cir. Aug. 24, 2022).
RECENT STATE DECISIONS
California Court of Appeal Affirms Decision Denying Challenge to Flood Control Project Programmatic EIR Range of Alternatives30
Joshua v. San Francisquito Creek Joint Powers Authority, Unpub., Case No. A163294 (1st Dist. Aug. 23, 2022).
