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Climate Change Law & Policy Reporter

August/September 2023

Volume 3, Number 11 August/September 2023


Biden Administration Invests $50 Million In California Water Storage Projects as Part of Larger Investment in Western Water Security317

PFAS Manufacturers Preliminarily Settle Claims for Drinking Water Contamination318

New Mexico Water Scarcity Concerns Rise as Prolonged Drought, Increased Pecan and Cannabis Farming Strain System319


U.S. Senate Bill Aims to Repurpose Irrigated Farmlands in Western States to Reduce Water Consumption and Prepare for Droughts322

California Governor Signs Senate Bill 147 Into Law Which Allows Agency to Issue ‘Take’ Permits for Otherwise Fully Protected Species in Connection with Renewable Energy and Infrastructure Projects323


Council on Environmental Quality’s Proposed Phase 2 Regulations Modifying the National Environmental Policy Act Are Open for Comment325

California Public Utilities Commission Proposes Increased Storage Capacity at Aliso Canyon Natural Gas Storage Facility327

Colorado Works to Protect Wetlands in the Wake of the Sackett Dec-



Recent Investigations, Settlements, Penalties and Sanctions332


Circuit Court of Appeals:

Ninth Circuit Denies Petition for Review of EPA’s Rejection of San Francisco’s Wastewater Discharge Permit336

City of San Francisco v. United States Environmental Protection Agency, ___F.4th___, Case No. 2170282 (9th Cir. July 31, 2023).

District Court:

District Court Vacates National Marine Fisheries Services’ Biological Opinion and Environmental Assessment for Safe Harbor Agreements Regarding Shasta River Coho Salmon338

Environmental Protection Information Center, et al. v. Alicia Van Atta, et al., ___F. Supp. 4th___ Case No. 47, 3:22-cv-03520-TLT (N.D. Cal. July 11, 2023).

District Court Dismisses Groundwater PFAS Complaint Seeking to Halt Onshore Trenching for Lack of Standing339

Mahoney v. United States Department of the Interior, ___F. Supp. 4th___ Case No. 22-CV-1305 (E.D. N.Y. July 17, 2023).


California Court of Appeal Holds Informational Harm to the Public Interest Must Be Considered When Evaluating CEQA Injunction Relief342

Tulare Lake Canal Co. v. Stratford Public Utility District, 92 Cal.App.5th 380 (5th Dist. 2023).