ENVIRONMENTAL NEWS
Lower Colorado River Basin Representatives Come to Agreement on Consensus-Based System Conservation Proposal for Near-Term River Opera-
tions285
CAISO 2022–2023 Transmission Plan Shifts to Progressive Transmission Planning286
California Governor Newsom Signs Executive Order that May Benefit Water Storage and Infrastructure Projects288
LEGISLATIVE DEVELOPMENTS
Proposed U.S. Senate Bills Would Expand Funding and Eligibility for Environmental Protection Programs290
California Drought and Flood Streamlining Trailer Bill: Floodwater Diversion Exception and Drought Control Measures292
REGULATORY DEVELOPMENTS
EPA Proposes New Rules for Greenhouse Gases for New Source Performance Standards from Fossil Fuel-Fired Electric Generating Units294
California State Water Resources Control Board to Take Critical Steps Toward Placing Groundwater Basins on Probation and On Path to Interven-
tion296
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions298
RECENT FEDERAL DECISIONS
U.S. Supreme Court:
U.S. Supreme Court Denies Navajo Nation a Court-Mandated Solution to Water Access301
Arizona et al. v. Navajo Nation, et al, ___U.S.___, Case No. 21-1484 (June 22, 2023).
Circuit Court of Appeals:
Fifth Circuit Determines City Stormwater Management Fees Are Not ‘Reasonable Service Charges’ on Federal Facilities304
City of Wilmington v. United States, 68 F.4th 1365 (5th Cir. 2023).
Eleventh Circuit Dismisses Clean Water Act Citizen Suit Based on Diligent Prosecution Bar306
South River Watershed Alliance, Inc. v. Dekalb County, Georgia, 69 F.4th 809 (11th Cir. May 31, 2023).
RECENT STATE DECISIONS
California Court of Appeal Affirms UC Berkeley EIR Analysis of Shading, Vibration and Wildfire Potential Environmental Impacts308
Berkeley Citizens for a Better Plan v. Regents of University of California, ___Cal.App.5th___, Case No. A166164 (1st Dist. May 5, 2023).
California Court of Appeal Finds EIR’s Wildfire Fuel Management Project Descriptions Need Not Include a Tree-By-Tree Inventory to Comply with
CEQA310
Claremont Canyon Conservancy v. Regents of the University of California, ___Cal.App.5th___, Case No. A165012 (1st Dist. June 9, 2023).