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

Western Water Law & Policy Reporter

October 2022

Volume 26, Number 11 October 2022

FEATURE ARTICLE

U.S. Supreme Court Rules Major Questions Doctrine Prohibits Broad Delegation of Congressional Authority to Regulate Greenhouse Gas Emissions Systems by Deborah Quick, Esq. and Lucille Flinchbaugh, Esq., Perkins Coie, LLP, San Francisco, California279

WESTERN WATER NEWS

Governor Newsom Release California’s Water Supply Strategy284

Modernizing the Columbia River Treaty—What’s to Come?285

LEGISLATIVE DEVELOPMENTS

2022 Colorado Legislative Update288

REGULATORY DEVELOPMENTS

U.S. Environmental Protection Agency Announces Updates to Drinking Water Health Advisories for ‘Forever Chemicals’ PFAS291

Reversal of Critical Habitat Exclusion Regulation under Endangered Species Act Becomes Final293

Idaho Department of Water Resources Determines that the Groundwater Appropriators Breached Conjunctive Management-Based Settlement Agreement with the Surface Water Coalition294

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions296

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Limits Waivers of Clean Water Act Section 401 Certifications299

California State Water Resources Control Board v. FERC, 43 F.4th 920 (9th Cir. 2022).

Ninth Circuit Finds Failure to Join Klamath Tribes in Suit against the Bureau of Reclamation Fatal to Law Suit301

Klamath Irrigation District v. United States Bureau of Reclamation, ___F.4th___, Case No. 20-36009 (9th Cir. 2022).