FEATURE ARTICLE
Challenging Federal Agency Retreat on Remand—When Does Regulatory Relief Constitute Final Agency Action Subject to Judicial Review?
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CLIMATE CHANGE NEWS
Climate Change Tied to Pregnancy Risks, Especially among African American Mothers36
CLIMATE CHANGE SCIENCE
Recent Scientific Studies on Climate Change38
REGULATORY DEVELOPMENTS
California DWR, Despite Dry Conditions, Increases State Water Project Water Deliveries—Bureau of Reclamation Increases Water Allocations from the Central Valley Project41
Oregon Department of Environmental Quality Considers Certification for the State University’s PacWave South Wave Energy Facility42
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties, and Sanctions44
JUDICIAL DEVELOPMENTS
Federal:
Ninth Circuit Sends Lawsuits Alleging Public Nuisance against Big Oil Back to State Courts48
City of Oakland v. BP PLC, ___F.3d___, Case No. 18-16663 (9th Cir. May 26, 2020); County of San Mateo v. Chevron Corporation, ___F.3d___, Case No. 18-15499 (9th Cir. 2020).
Fifth Circuit Holds Clean Air Act Title V Permitting Does Not Encompass Re-Examination of Previously-Issued Title I Permits50
Environmental Integrity Project v. U.S. Environmental Protection Agency, 960 F.3d 236 (5th Cir. 2020).
Eighth Circuit Upholds Bankruptcy Claim Discharge Barring Climate Change Suits by California Municipalities52
In re Peabody Energy Corporation, 958 F.3d 717 (8th Cir. 2020).
District Court Leaves Klamath River Project Interim Plan in Place—Denies Motion to Lift Stay on Litigation over Challenge to Salmon Biological Opinion54
Yurok Tribe, et al. v. U.S. Bureau of Reclamation, et al., ___F.Supp.3d___, Case No. 3:19-cv-04405-WHO (N.D. Cal. May 29, 2020).
State:
California Court of Appeal Holds Seeking Streambed Alteration Agreement from Department of Fish and Wildlife Is Not a ‘Further Discretionary Approval’57
Willow Glen Trestle Conservancy v. City of San Jose, ___Cal.App.5th___, Case No. H047068 (6th Dist. May 18, 2020).
California Superior Court Issues Order Denying Writ Challenge to Cupertino Housing Project Approved under SB 3558
Friends of Better Cupertino v. City of Cupertino, Case No. 18CV330190 (Santa Clara Super. Ct. May 6, 2020).
