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Climate Change Law & Policy Reporter

June 2020

Volume 13, Number 1 June 2020

FEATURE ARTICLE

U.S. Supreme Court’s New Discharge to Groundwater Decision in County of Maui Raises More Questions Than It Answers by Brenda Bass, Esq., Downey Brand LLP, Sacramento3

CLIMATE CHANGE NEWS

Governor Newsom Issues Executive Order that Suspends Certain Noticing Deadlines Under the California Environmental Quality Act8

Los Angeles Has the Cleanest Air in the World During COVID-19 Shelter-At-Home9

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change11

REGULATORY DEVELOPMENTS

California State Water Resources Control Board Adopts Permanent Monthly Water Use Reporting Requirements14

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions16

LAWSUITS FILED OR PENDING

New Lawsuit filed in Montana State Court Claiming State’s Energy Policies Cause Injury to ‘Youth’ Plaintiffs Due to Climate Change20

JUDICIAL DEVELOPMENTS

Federal:

U.S. Supreme Court Finds State Law Claims

for Oilfield Cleanup Restoration Plan More Stringent than a CERCLA Plan May Require EPA

Approval22

Atlantic Richfield Co. v. Christian et.al., ___U.S.___, 140 S.Ct. 1335 (April 20, 2020).

District Court finds Nationwide Permit for Keystone Xl Pipeline Project Violates the Endangered Species Act24

Northern Plains Resource Council v. U.S. Army Corps of Engineers, ___F.Supp.3d___, Case No. CV-19-44-GF-BMM (D. Mt. Apr. 15, 2020, amended order May 11, 2020).

State:

California Court of Appeal Upholds CEQA

Environmental Impact Report for Oil Refinery

Project26

Communities for a Better Environment v. South Coast Air Quality Management District, ___Cal.App.5th___, Case No. B293327 (2nd Dist. Apr. 2, 2020).