Climate Change Law & Policy Reporter
December 2022
Volume 3, Number 3
December 2022
ENVIRONMENTAL NEWS
New Technical Study Assesses Costs and Practical Considerations in Moving Water from the Mississippi to Fuel Drought Striken Colorado River Basin67
REGULATORY DEVELOPMENTS
U.S. Department of the Interior Announces $210 Million for Drought Resilience Projects in the West69
California State Water Resources Control Board Adopts Water Conservation Standards for Urban Suppliers70
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions73
LAWSUITS FILED OR PENDING
Monsanto Petitions for Eleventh Circuit En Banc Review after Losing FIFRA Preemption Argument Against State Law Failure to Warn Claim78
California’s PFAS Lawsuit Casts a Wide Net79
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Finds Department of The Interior’s Environmental Assessment for Coal Mine Expansion Project Violated NEPA by Failing to Provide Science-Based Methodology in its FONSI81
350 Montana v. Haaland, 50 F.4th 1254 (9th Cir. Oct. 14, 2022).
D.C. Circuit Issues Extraordinary Writ Relief Commanding EPA to Comply with Endangered Species Act82
In re: Center for Biological Diversity, ___F.4th___, Case No. 21-1270 (D.C. Cir. Nov. 22, 2022).
Eighth Circuit Finds States Lacked Article III Standing to Challenge Biden Administration’s Carbon Cost Metric85
State of Missouri v. Biden, ___F.4th___, Case No. 21-3013 (8th Cir. Oct. 21, 2022).
District Court:
D.C. District Court Grants Summary Judgment in Favor of Pipeline Project87
Red Lake Band of Chippewa Indians v. U.S. Army Corps of Engineers, ___F.Supp.4th___, Case No. 20-3817, No. 21-0189 (D. D.C. Oct. 7, 2022).