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).
