Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Climate Change Law & Policy Reporter

November 2022

Volume 3, Number 2 November 2022


Metropolitan Water District of Southern California Projects 2023 Water Demands Will Exceed Available Supplies from the Colorado River and the California State Water Project37


Federal Draft Water Infrastructure Bill Introduced Which Aims to Improve California’s Long-Term Water Supply and Regulatory Reliabil-



U.S. Fish and Wildlife Service Proposes New Eagle Rule to Create a General Incidental Take Permit Process for Power Line Infrastructure and Wind-Energy Projects41

California Department of Water Resources Announces Steps to Support California in Water Conservation Efforts Amid Severe Drought and Future Climate Change42


Recent Investigations, Settlements, Penalties and Sanctions45


Circuit Court of Appeals:

Ninth Circuit Finds Agencies Have Discretion to Operate Dam to Avoid Endangered Species Act ‘Take’49

San Luis Obispo Coastkeeper v. Santa Maria Valley Water Conservation District, 49 F.4th 1242 (9th Cir. 2022).

Ninth Circuit Applies Claim Preclusion to Bar Citizen Suit Challenge to Bull Trout Recovery


Save the Bull Trout v. Williams, ___F.4th___, Case No. 21-35480 (9th Cir. Sep. 28, 2022).

Tenth Circuit Refuses Exclusive Jurisdiction on FERC-Licensed Project because Petition Instead Challenged the Corps’ Section 404 Permit52

Save the Colorado, et al. v. Spellmon, et al., ___F.4th___, Case No. 21-1155 (10th Cir. Sept. 30, 2022).

Third Circuit Affirms Dismissal of Clean Water Act Citizen Suit for Insufficient Pre-Suit Notice Written by Attorney54

Shark River Cleanup Coalition v. Township of Wall, 47 F.4th 126 (3rd Cir. Aug. 24, 2022).

District Court:

District Court in Connecticut Dismisses Third Party Suit Finding Standing Allegations Inadequate in Climate Adaptation Case55

Conservation Law Foundation, Inc. v. Gulf Oil Limited Partnership, ___F.Supp.4th___, Case No. 3:21-CV-00932 SVN (D. Conn. Sept. 20, 2022).

District Court Grants Motion for Remedies,

Issues Injunction, but Limits Civil Penalties

in Clean Water Act Claims Related to Dredge Min-


Idaho Conservation League v. Shannon Poe, ___F.Supp.4th___, Case No. 1:18-CV-353-REP (D. Id. Sept. 28, 2022).


California Court of Appeal Holds State Department of Pesticide Regulation Violated CEQA By Renewing a Registration without Reevaluating Environmental Impacts61

Raptors are the Solution v. Superior Court, Unpub., Case No. A161787 (1st Dist. Sept. 27, 2022).