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Climate Change Law & Policy Reporter

July 2021

Volume 1, Number 10 July 2021

ENVIRONMENTAL NEWS

President Biden Issues Executive Order Addressing Climate-Related Financial Risk325

California Water Suppliers Plan Mandatory Water Conservation Restrictions in Response to Drought Conditions326

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change329

REGULATORY DEVELOPMENTS

California to Stop Issuing Fracking Permits by 2024 and Phase Out Oil Extraction by 2045331

California Department of Water Resources and the U.S. Bureau of Reclamation Release the State Water Project and Central Valley Project Drought Contingency Plan332

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions334

RECENT FEDERAL DECISIONS

U.S. Supreme Court:

U.S. Supreme Court Decision Broadens Federal Appellate Review of Remand Orders in a Blow to Bringing Nuisance Actions in Climate Change Cases339

BP P.L.C. v. Mayor and City Council of Baltimore, ___U.S.___, Case No. 19-1189 (May 17, 2021).

U.S. Supreme Court Finds Contribution Action Under CERCLA Section 113(F) Requires Settlement of CERCLA Liability—Not Clean Water Act Liabili-

ty340

Territory of Guam v. United States, ___U.S.___, 141 S.Ct. 1608 (May 24, 2021).

Circuit Court of Appeals:

First Circuit Upholds’ State Law Enforcement as Barring Clean Water Act Citizen Suit but Requires NPDES Permits342

Blackstone Headwaters Coalition, Inc. v. Gallo Builders, Inc., 995 F.3d 274 (1st Cir. 2021).

Ninth Circuit Finds U.S. Fish and Wildlife Service Failed to Explain Why it Reversed Previous Listing Decision Regarding Pacific Walrus344

Center for Biological Diversity v. Haaland, ___F.3d___, Case No. 19-35981 (9th Cir. June 3, 2021).

Eighth Circuit Finds Fugitive Emissions from Coal Storage Deemed Outside the Reach of the Clean Air Act New Source Performance Standards345

Voight v. Coyote Creek Mining Company, LLC, 999 F.3d 555 (8th Cir. 2021).

RECENT STATE DECISIONS

California Superior Court Orders Developer Back to the Drawing Table over Inadequate EIR for Wildfire and Vehicle Emissions Concerns349

Climate Resolve v. County of Los Angeles, et al., Case No. 19STCP01917 (L.A. Cnty Super Ct.).