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Climate Change Law & Policy Reporter

May 2023

Volume 3, Number 8 May 2023


Biden Administration Announces $300 Million In Bipartisan Infrastructure Law Spending Towards California Water Infrastructure217

California Governor Issues Executive Order Terminating Provisions of Prior Drought Emergency Proclamations and Executive Orders219


EPA Proposes First-Ever Enforceable Nationwide Primary Drinking Water Standards for PFAS221

New EPA Regulations Targeting Greenhouse Gas Emissions from Existing Power Plants Reported to Be Imminent222

U.S. Bureau of Reclamation Releases Supplemental EIS on Colorado River Operations at Lake Mead and Lake Powell224

California Department of Water Resources Spells out Next Steps for

Inadequate Groundwater Sustainability Plans at State Water Board



Recent Investigations, Settlements, Penalties and Sanctions229


Circuit Court of Appeals:

Ninth Circuit Finds FAA Failed to Take Requisite ‘Hard Look” under NEPA at Noise Impacts from Airport Terminal Replacement Project234

City of Los Angeles v. Federal Aviation Administration, ___F.4th___, Case No. 21-71170 (9th Cir. Mar. 29, 2023).

Fourth Circuit Upholds Virginia’s Clean Water Act 401 Permit for Natural Gas Pipeline234

Sierra Club v. State Water Control Board, 64 F.4th 187 (4th Cir. Mar. 29, 2023).

Court of Federal Claims:

Court of Federal Claims Partially Grants Motion

to Impose Sanctions for Spoliation of Evidence Relating to Clean Water Act Permitting of Waste


United Affiliates Corp. v. United States, 164 Fed. Cl. 565, 571 (Feb. 28, 2023).


California Court of Appeal Affirms Judgment

Rejecting CEQA Challenges to Oakland A’s Proposed Ballpark EIR—Addresses Wind Impacts


East Oakland Stadium Alliance v. City of Oakland, ___Cal.App.5th___, Case No. A166221 (1st Dist. Mar. 30, 2023).

California Court of Appeal Upholds State Water Resources Control Board’s General Waste Discharge Requirements in WQO 2018-0002243

Environmental Law Foundation v. State Water Resources Control Board, Case No. C093513, ___Cal.App.5th___, 305 Cal.Rptr.3d 862 (3rd Dist. 2023).

California Court of Appeal Affirms Ruling Setting Aside Addendum to Program EIR and Related

Approvals for Office Complex245

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

California Court of Appeal Vacates Trial Court Order Granting Utility’s Motion for Pre-Judgment Possession to Maintain Electronic Transmission Lines247

Robinson v. Superior Court of Kern County, 88 Cal.App.5th 1144 (5th Dist. 2023).