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Climate Change Law & Policy Reporter

November 2023

Volume 4, Number 2 November 2023

FEATURE ARTICLE

California Court of Appeal Addresses CEQA Greenhouse Gas Emissions Analysis Methodology by Boyd Hill, Esq., Jackson Tidus, A Law Corporation, Irvine, California31

ENVIRONMENTAL NEWS

Colorado Entities Utilize Various Money-For-Water Programs in Attempts to Mitigate Drought, Protect Existing Water Rights37

What Happens to Federal Flood Control Operations in Idaho in the Absence of a Renewed Columbia River Treaty?39

REGULATORY DEVELOPMENTS

EPA Issues New Clean Water Act Section 401 Water Quality Certification Rules to Expand Authority of States and Tribes and Clarify Certification Procedures41

Water Recycling and Desalination Projects Receive Nearly $29 Million Investment from the U.S. Bureau of Reclamation42

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions45

RECENT FEDERAL DECISIONS

U.S. Supreme Court:

U.S. Supreme Court Upholds Ninth Circuit Ruling in San Luis Obispo Coastkeeper Regarding Water Releases from Dams to Comply with the Endangered Species Act49

Circuit Court of Appeals:

Fifth Circuit Upholds U.S. Army Corps of Engineers’ Clean Water Act 404 Permit for Liquid Natural Gas Project50

Healthy Gulf v. United States Army Corps of Engineers, 81 F.4th 510 (5th Cir. 2023).

District Court:

District Court Finds U.S. Forest Service Failed to Adequately Address Environmental Impacts from Amendments to Tree-Removal Standards in National Forests51

Greater Hells Canyon Council v. Wilkes, ___F.Supp.4th___, Case No. 2:22-cv-00859-HL (D. Or. Aug. 31, 2023).

RECENT STATE DECISIONS

Washington State Court of Appeals Rejects State Department of Ecology’s Nitrogen-Discharge

Limits54

City of Tacoma v. Department of Ecology, 535 P.3d 462 (Wash.App. 2023).