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Climate Change Law & Policy Reporter

July 2023

Volume 3, Number 10 July 2023

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).