WATER NEWS
Criminal Charges Filed Against Former Michigan Governor Stemming from Flint Drinking Water Crisis3
Massachusetts Institute of Technology Convenes Industry Leaders into Climate and Sustainability Consortium4
News from the West5
REGULATORY DEVELOPMENTS
U.S. EPA Releases ‘Functional Equivalent’ Guidance Memorandum in Response to County of Maui v. Hawaii Wildlife Fund Decision10
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions13
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Reject’s District Court Holding that Environmental Assessment and Finding of No Significant Impact for Road Project Violated
NEPA16
Bair v. California Department of Transportation, 982 F.3d 569 (9th Cir. 2020).
Ninth Circuit Finds Federal Agencies Violated NEPA and the Endangered Species Act in Approving Offshore Oil Facility18
Center for Biological Diversity v. Bernhardt, 982 F.3d 723 (9th Cir. 2020).
Eleventh Circuit Finds Mere Allegations of a Hydrological Connection Are Insufficient for a Criminal Conviction under the Clean Water Act20
United States v. Coleman, Unpub., Case No. 19-15127 (11th Cir. Dec 21, 2020).
District Court:
Monsanto PCB Clean Water Act Class Action Settlement Rejected by the District Court21
City of Long Beach v. Monsanto Company, et al., ___F.Supp.3d___, Case No. CV 16-3493 FMO (C.D. Cal. Nov. 25, 2020).