Western Water Law & Policy Reporter

WESTERN WATER NEWS

California Governor Newsom’s Drought Executive Order Aims to Increase Regional Water Conservation Efforts173

Utah Governor Cox Issues Drought Declaration174

LEGISLATIVE DEVELOPMENTS

Nebraska Legislature Passes Bill to Resurrect 120 Year-Old South Platte Canal within Colorado for Water Delivery to Nebraska176

REGULATORY DEVELOPMENTS

U.S. Securities and Exchange Commission Proposes Rule on Climate-Related Disclosures178

California State Water Resources Control Board Warns Surface Water Rights Holders to Expect Curtailments180

California State Water Resources Control Board Announces New Proposed Standard for Hexavalent Chromium181

Washington State and Drought: Penalty Orders on Deck182

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions184

JUDICIAL DEVELOPMENTS

Federal:

Eleventh Circuit Clarifies Pleading Standard for Aesthetic Injury under the Clean Water Act186

Glynn Environmental Coalition, Inc., et al. v. Sea Island Acquisition, LLC, 26 F.4th 1235 (11th Cir. 2022).

Sixth Circuit Affirms Dismissal of Clean Water Act Citizen Suit against Sewer District187

South Side Quarry, LLC v. Louisville & Jefferson County Metro. Sewer District, 28 F.4th 684 (6th Cir. 2022).

State:

Nevada State Court Vacates State Engineer’s ‘Superbasin’ Order189

Las Vegas Valley Water District, et al., v. Tim Wilson, P.E., Nevada State Engineer, Division of Water Resources, Department of Conservation and Natural Resources, Consolidated Case Nos. A-20-816761-C, A-20-817765-P, A-20-818015-P, A-20-817977-P, A-20-818069-P, A-20-817840-P, A-20-817876-P, A-21-833572-J (8th Dist. 2022).

New Mexico Supreme Court Finds Game Commission Rule Allowing Landowners to Restrict Access to Water Flowing through Private Property Unconstitutional192

Adobe Whitewater Club of New Mexico v. State Game Commission, Case No. S-1-SC-38195 (N.M. Sup. Ct. March 2, 2022).