FEATURE ARTICLE
As the Climate Changes, So Will Natural Resource Damage Claims by Steve Goldberg, Esq., Darrin Gambelin, Esq. and Holly Tokar, Esq., Downey Brand, LLP, California255
LEGISLATIVE DEVELOPMENTS
Massachusetts Has New Climate Change Legislation Looking to Net Zero Carbon Emissions by 2050262
CLIMATE CHANGE SCIENCE
Recent Scientific Studies on Climate Change264
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions267
LAWSUITS FILED OR PENDING
Environmental Groups File Suit Seeking to Stop Crude Pipeline Alleging Drinking Water Contamination Concerns275
RECENT FEDERAL DECISIONS
Second Circuit Determines Clean Water Act, Section 401, Deadline Cannot Be Modified by Agreement277
New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission, ___F.3d___, Case No. 19-1610 (2nd Cir. Mar. 23, 2021).
District Court Denies Preliminary Injunction against Water and Sewer District for Alleged Clean Water Act Violations278
Cottonwood Environmental Law Center, Montana Rivers, and Gallatin Wildlife Association v. Edwards and Big Sky Water and Sewer District, ___F.Supp.3d___, Case No. 2:20-cv-00028-BU-BMM (D. Mt. Mar. 23, 2021).
District Court Rules Environmental Analysis of GHGs Insufficient under NEPA for Mine Expansion Pro-
ject280
Utah Physicians for a Healthy Environment, et al. v. U.S. Bureau of Land Management, ___F.Supp.3d ___, Case No. 2:19-cv-00256-DBB (D. Utah Mar. 24, 2021).
RECENT STATE DECISIONS
California Court of Appeal Finds Development Reliant on Groundwater Supplies Benefited by Water Supply Project Survives CEQA Challenge283
Landwatch Monterey County v. County of Monterey, Unpub., Case No. H046932 (6th Dist. Mar. 29, 2021).
Minnesota Supreme Court Finds States Evaluating Synthetic Minor Source Clean Air Act Permits Have No Duty to Investigate for Sham Permitting Mo-
tives284
In re Matter of Issuance of Air Emissions Permit No. 13700345-101 for PolyMet Mining, Inc., 955 N.W.2d 258 (Sup. Ct. Minn. Feb. 24, 2021).