Western Water Law & Policy Reporter

FEATURE ARTICLE

California Supreme Court Holds Federal Power Act Does Not Preempt

Application of CEQA to State’s Authority Over Dam Licensing by Bridget McDonald, Esq., Remy Moose Manley, LLP, Sacramento, California251

LEGISLATIVE DEVELOPMENTS

California Assembly Bill Would Require Groundwater Sustainability Agency Involvement in Local Agency Well Approval Process256

REGULATORY DEVELOPMENTS

California Department of Water Resources Public Comment Period Opens for Resubmitted Groundwater Sustainability Plans Deemed Incom-

plete258

New Mexico Water Quality Control Commission Issues National Resource Water Designations for Northern New Mexico Rivers and Streams259

Washington State Department of Ecology Begins Rulemaking for the Pasco Basin261

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions263

LAWSUITS FILED OR PENDING

United States Files Suit Against Idaho and the Idaho Department of Water Resources over Stockwater Rights266

Environmental Organizations File Lawsuit Challenging the National Marine Fisheries Service’s Approvals of Enhancement of Survival Permits for Shasta River Landowners267

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Upholds EIS and Comprehensive Conservation Plan for Two National Wildlife Refuges270

Audubon Society of Portland v. Haaland, 40 F.4th 917 (9th Cir. 2022).

Ninth Circuit Revisits the Meaning of ‘Transportation’ under the Federal Resource Conservation and Recovery Act271

California River Watch v. City of Vacaville, ___F.4th___, Case No. 20-16605 (9th Cir. July 1, 2022).

D.C. Circuit Upholds FERC’s Approval of Adelphia Pipeline Acquisition under NEPA273

Delaware Riverkeeper Network v. Federal Energy Regulatory Commission, ___F.4th___, Case No. 20-1206 (D.C. Cir. Aug. 2, 2022).

Fourth Circuit Allows Clean Water Act Citizen Suit to Proceed Despite Ongoing Proceedings at the State Level274

Naturaland Trust, et al. v. Dakota Finance, et al., 41 F.4th 342 (4th Cir. July 20, 2022).