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Climate Change Law & Policy Reporter

April 2023

Volume 3, Number 7 April 2023


New Mexico’s Attorney General Issues Opinion on Office of the State

Engineer Preliminary Approvals Under New Mexico’s Water-Use Leasing Act189


California Department of Water Resources Addresses 12 Central California Groundwater Sustainability Plans191

California State Water Resources Control Board’s New Sanitary Sewer Systems Waste Discharge Requirements to Take Effect this Summer193

Colorado Finalizes the 2023 Water Plan194


Recent Investigations, Settlements, Penalties and Sanctions197


Circuit Court of Appeals:

D.C. Circuit Court of Appeals Upholds Power Plant Emissions Limitations and Defers to EPA’s Scientific and Technical Expertise202

Midwest Ozone Group v. EPA, ___F.4th___, Case No. 21-1146 (D.C. Cir. March 3, 2023).

Seventh Circuit Allows Subpoena Seeking Video Footage of Search During Clean Water Act Criminal Investigation204

United States v. Doe Corporation, 59 F.4th 301 (7th Cir. 2023).

District Court:

District Court for New Mexico Awards Defendants their Costs In the Gold King Mine Release205

In re Gold King Mine Release in San Juan County, Colorado, ___F.Supp..4th___, Case No. 18-CV-744-WJ-KK (D. N.M. Feb. 21, 2023).

Texas Wins Preliminary Injunction at the U.S. District Court Against EPAs New Waters of the United States Rule206

Texas v EPA, ___Fed.Supp.4th___, Case No. 3:23-cv-17 (S.D. Tx. March 19, 2023).

District Court Finds Federal Endangered Species Act Preempts State Agency Order on Klamath Project Operation208

Yurok Tribe, et al., v. U.S. Bureau of Reclamation, et al., ___F.Supp.4th___, Case No. 19-cv-04405-WHO, (N.D. Cal. Feb 6, 2023).


California Court of Appeal Affirms Trial Court Ruling Setting Aside Addendum to Program EIR and Related Approvals for Office Complex210

IBC Business Owners for Sensible Development v. City of Irvine, 88 Cal.App.5th 1000 (4th Dist. 2023).