Climate Change Law & Policy Reporter
February 2023
Volume 3, Number 5
February 2023
ENVIRONMENTAL NEWS
Final Rule Defining Clean Water Act ‘Waters of The United States’ Published in Federal Register125
Golden State Wind Secures Lease for Offshore Floating Wind Farm along California’s Central Coast126
LEGISLATIVE DEVELOPMENTS
Washington State Agency Requests Legislation Affecting Water Resources, Legislating Climate Resiliency128
REGULATORY DEVELOPMENTS
Department of the Interior Announces $85 Million for Western Drought Resilience Projects130
EPA’s Amendments to the National Emissions Standards for Hazardous Air Pollutants for Site Remediation Eliminates Certain CERCLA and RCRA Exemptions131
EPA Reactivates its Prevention of Significant Deterioration Reactivation Policy133
California State Water Resources Control Board Extends Emergency Water Conservation Regulations135
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions137
LAWSUITS FILED OR PENDING
California Tribes and Environmental Organizations File Civil Rights Complaint and Petition for Rulemaking with EPA for San Francisco Bay-Delta Water Quality Standards141
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Fifth Circuit Finds Scope of State Whistleblower Protections for Environmental Compliance Workers to Be Settled by the Louisiana Supreme
Court143
Menard v. Targa Resources, L.L.C., 56 F.4th 1019 (5th Cir. 2023).
D.C. Circuit Vacates Hydroelectric Dam License over Deficiencies with the Clean Water Act Water Quality Certification144
Waterkeepers Chesapeake v. Federal Energy Regulatory Commission, 56 F.4th 45 (D.C. Cir. Dec. 20, 2022).
RECENT STATE DECISIONS
California Court of Appeal’s Denial of Anti-Slapp Motion Allows Malicious Prosecution Action to Proceed against Petitioner’s Attorney Who Filed CEQA Suit146
Charles Jenkins et al. v. Susan Brandt-Hawley et al., 86 Cal.App.5th 1357 (1st Dist. 2022).
California Court of Appeal Holds City Did Not Violate CEQA or Planning and Zoning Law in Approving Protected Bicycle Lane Public Works Pro-
ject149
Save 30th Street Parking v. City of San Diego, Unpub., Case No. D079752 (6th Dist. Dec 23, 2022).
