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Climate Change Law & Policy Reporter

October 2023

Volume 4, Number 1 October 2023


U.S. EPA Enters into Settlement Agreement to Further Assess Pesticide Risks to Threatened and Endangered Species3


California State Assembly Approves AB 1572 to Ban Use of Potable Water on Non-Functional Turf Beginning in 20275


‘Waters of the United States’ Redefined—EPA and the Corps Issue Conforming WOTUS Rule in Wake of the Sackett Decision Narrowing the ‘Reach’ of the Clean Water Act7

EPA Agrees to Investigate First-Ever Title VI Claim Stemming from the State Water Board’s Actions on the Bay-Delta Plan9

U.S. Bureau of Reclamation Receives Scoping Comments on Post-2026 Colorado River Operations10

New California Water Conservation Rules from the State Water Board Herald Big Changes for Water Suppliers12


Recent Investigations, Settlements, Penalties and Sanctions14


Circuit Court of Appeals:

D.C. Circuit Finds U.S. Surface Transportation Board Failed to Take a ‘Hard Look’ at Utah Oil Rail Project’s Environmental Impacts under NEPA19

Eagle County, Colorado v. U.S. Surface Transportation Board et al., ___F.4th___, Case No. 22-1019 (D.C. Cir. 2023); Center for Biological Diversity et al. v. U.S. Surface Transportation Board et al., ___F.4th___, Case No. 22-1020 (D.C. Cir. 2023).

Fourth Circuit Applies the Major Questions Doctrine to Limit the Scope of the Clean Water Act20

North Carolina Coastal Fisheries Reform Grp. v. Capt. Gaston LLC, 76 F.4th 291 (4th Cir. Aug. 7, 2023).


California Court of Appeal Finds Trial Court Exceeded Its Jurisdiction by Failing to Discharge CEQA Writ after City Complied with Mandate22

McCann v. City of San Diego, 94 Cal.App.5th 284 (4th Dist. 2023).

California Court of Appeal Finds City Failed to Consider Housing Element Policies of Its General Plan for Class 32 CEQA Exemption for a Hotel Pro-


United Neighborhoods for Los Angeles v. City of Los Angeles, 93 Cal.App.5th 1074 (2nd Dist. 2023).