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Climate Change Law & Policy Reporter

May 2021

Volume 1, Number 8 May 2021

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).