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Climate Change Law & Policy Reporter

March 2021

Volume 1, Number 6 March 2021

ENVIRONMENTAL NEWS

U.S. Bureau of Reclamation Report Summarizes Factors Impacting Water Resources in the Western United States185

Miami Proposes Plan to Deal with Sea-Level Rise187

LEGISLATIVE DEVELOPMENTS

Congress Introduces Bill to Coordinate River Restoration Efforts between the United States and Mexico and to Protect the Salton Sea188

As Climate Change Exacerbates Wildfire Risk, Western States Adopt and Introduce Legislation to Reduce Wildfire Risk189

California Legislators Propose Ban on Fracking191

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change193

REGULATORY DEVELOPMENTS

California State Water Resources Control Board Adopts New Order

Establishing Statewide Waste Discharge Requirements for Wineries196

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions198

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

D.C. Circuit Overturns EPA’s 2019 Affordable Clean Energy Rule204

American Lung Association v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 19-1140 (D.C. Cir. 2021).

D.C. Circuit Finds Flexible Ozone Offsets Program Not Authorized under the Clean Air Act206

Sierra Club v. U.S. Environmental Protection Agency, 985 F.3d 1055 (D.C. Cir. 2021).

D.C. Circuit Vacates Federal Easement Awarded to Dakota Access Pipeline, Finding U.S. Army Corps Violated NEPA by Failing to Prepare an EIS208

Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, 985 F.3d 1032 (D.C. Cir. 2021).

District Court:

District Court Dismisses Clean Water Act Citizen Suit for Failure to Show an Environmental Injury to Establish Standing211

Glynn Environmental Coalition, Inc., et al. v. Sea Island Acquisition, LLC, ___F.Supp.3d___, Case No. 2:2019-cv-00050 (S.D. Ga. Jan. 29, 2021).

RECENT STATE DECISIONS

California Court of Appeal Finds California Water Boards Appropriately Considered Economic Factors When Issuing Clean Water Act MS4 Permit213

City of Duarte v. State Water Resources Control Board, ___Cal.App.5th___, Case No. G058539 (4th Dist. Jan. 28, 2021).