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Climate Change Law & Policy Reporter

January 2024

Volume 4, Number 4 January 2024

FEATURE ARTICLE

The California Environmental Quality Act’s Wildfire Impact Analysis Requirements by Tina Wallis, Esq., Wallis Law, Santa Rosa, California91

ENVIRONMENTAL NEWS

New Mexico Drought Conditions Persist—Agricultural Community Responds to Calls to Limit the Expansion of Crops in Favor of Conserving Water for Residential Use96

New MOU entered for Columbia River Basin Salmon Recovery Efforts—Proposes to Stay Long Term Litigation Until 202898

LEGISLATIVE DEVELOPMENTS

Colorado General Assembly Drought Task Force Report100

REGULATORY DEVELOPMENTS

EPA Releases Final Rule Regulating Methane for Oil and Gas Sector103

California Public Utilities Commission Extends Diablo Canyon Nuclear Power Plant Operations until 2030105

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions108

LAWSUITS FILED OR PENDING

January 2023 Floods Blamed on Permitting Delays by the California Department of Fish and Wildlife—Lawsuits Filed112

Idaho Positions Itself Against the Recent Salmon Litigation Proposed Settlement113

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Rejects Clean Water Act’s Direct-Discharge Theory as Applied to Holding

Ponds115

Cottonwood Environmental Law Center v. Edwards, ___F.4th___, Case No. 22-36015 (9th Cir. Nov. 21, 2023).

Ninth Circuit Affirms Requirement for Dredge Miner to Obtain a Clean Water Act NPDES

Permit116

Idaho Conservation League v. Shannon Poe, ___F.4th___, Case No. 22-35978 (9th Cir. Nov, 20, 2023).

RECENT STATE DECISIONS

California Supreme Court Denies Westlands Water District Petition—Contract to Secure Permanent Access to Federal Water Resources Remains

Invalidated118

Westlands Water District v. All Persons Interested, 95 Cal.App.5tth 98 (2023), as modified (Sept. 1, 2023), review denied (Nov. 29, 2023).

California Court of Appeal Finds Wildlife Mitigation Corridor Ordinance Does Not Violate Surface Mining Reclamation Act or CEQA120

California Construction and Industrial Materials Association v. County of Ventura, 97 Cal.App.5th 1 (2nd Dist. 2023).