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Climate Change Law & Policy Reporter

November 2021

Volume 2, Number 2 November 2021

ENVIRONMENTAL NEWS

U.S. Bureau of Reclamation Forecasts Drought Reduced Inflows to Lake Mead, Exacerbating Shortage Conditions on the Colorado River33

LEGISLATIVE DEVELOPMENTS

California Passes Three Key Housing Bills to Streamline CEQA Review for Certain Housing Projects35

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change37

REGULATORY DEVELOPMENTS

Biden Administration Begins Process of Reversing Trump-Era Amendments to NEPA Regulations—CEQ Releases Proposed Rule39

U.S. Environmental Protection Agency Issues Final Rule Phasing Down Production and Use of Hydrofluorocarbons40

Federal Emergency Management Agency Flood Risk Rating 2.0 Rolls Out as First Major Update to Pricing Methodology in 50 Years42

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions44

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Vacates Judgement Requiring Clean Water Act Citizen Suit to Prove Ongoing Discharge in Case Alleging Monitoring Violations50

Inland Empire Waterkeeper and Orange County Coastkeeper v. Corona Clay Co., 13 F.4th 917 (9th Cir. 2021).

Ninth Circuit Decision Broadens Scope of RCRA Liability, Under Endangerment Provision, to Transpor-

ters51

California River Watch v. City of Vacaville, ___F.4th___, Case No. 20-16605 (9th Cir. Sept. 29, 2021).

District Court:

District Court Denies All but One Motion in Review of Activities Requiring a General Permit Under the Clean Water Act53

Eden Environmental. Citizen’s Group v. California Cascade Building Materials, Inc. et. al, ___F.Supp.4th___, Case No. 2:19-cv-01936 (E.D. Cal. Sept. 20, 2021).

RECENT STATE DECISIONS

California Court of Appeal Upholds CEQA Categorical Exemption for One Utility Project but Finds Mitigated Negative Declaration Failed to Evaluate GHG Emissions for Other Projects55

McCann v. City of San Diego, ___Cal.App.5th___, Case No. D077568 (4th Dist. Oct. 18, 2021).