Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Climate Change Law & Policy Reporter

June 2024

Volume 4, Number 9 June 2024

ENVIRONMENTAL NEWS

Tribes and Tribal Organizations in Nevada and Other Western States Receive Funding for Water Infrastructure Projects249

LEGISLATIVE DEVELOPMENTS

California Flood Flows—New Legislative Attempts to Capture Precipitation under New Water Code 1242 After Another Wet Water Year251

REGULATORY DEVELOPMENTS

Department of Energy Issues Final Rule Coordinating Permitting for

Energy Transmission Projects254

U.S. Department of the Treasury and the IRS Release Final Rules on

Transferability under the Inflation Reduction Act255

Colorado First State to Fill Wetlands Regulatory Gap Left by Sackett

Decision256

Washington State Department of Ecology Issues Second Draft Municipal Water Law Interpretative and Policy Statement258

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions260

LAWSUITS FILED OR PENDING

U.S. Environmental Protection Agency and California Regional Water Board Sue San Francisco over Discharges in the Bay265

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

First Circuit Affirms Dismissal of Marine Mammal Protection Act Challenge to Massachusetts Offshore Wind Project267

Melone v. Coit, 100 F.4th 21 (1st Cir. 2024).

Ninth Circuit Rejects Appeal by Environmental Groups Challenging Federal Management Plan for Glen Canyon Dam268

Save the Colorado v. U.S. Dept of the Interior, Unpub., Case No. 23-15247 (9th Cir. Apr. 24, 2024).

RECENT STATE DECISIONS

California Court of Appeal Affirms Decision Denying Class Certification in Matter Alleging Water Treatment Plant Failed to Maintain Proper Pipe Control Measures271

Malmquist, et al., v. City of Folsom, ___Cal.App.5th___, Case No. C099011 (3rd Dist. Apr. 17, 2024).

California Court of Appeal Denies CEQA Challenge to City of Glendale’s Citywide Pedestrian Plan273

Protect Our Glendale v. City of Glendale, Unpub., Case No. B329274 (2nd Dist. May 1, 2024).