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Climate Change Law & Policy Reporter

March 2022

Volume 2, Number 6 March 2022

ENVIRONMENTAL NEWS

California Irrigation District Receives State Funding for Solar Panel Covered Water Canals Pilot Program153

California Seeks to Prohibit Seabed Mining of Precious Metals in the State’s Coastal Waters154

LEGISLATIVE DEVELOPMENTS

California’s Legislative Analyst’s Office Recommends Governor’s Water and Drought Response Proposal Include More Funding for Groundwater Re-

charge156

REGULATORY DEVELOPMENTS

U.S. Army Corps of Engineers and NOAA Enter into Joint Memorandum Regarding ESA Consultations for Existing Structures158

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions160

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Fourth Circuit Vacates U.S. Fish and Wildlife Service’s 2020 Biological Opinion for Natural Gas Pipeline164

Appalachian Voices, et. al. v. U.S. Department of the Interior, ___F.4th___, Case No. 20-2159 (4th Cir. Feb. 3, 2022).

Renewable Fuel Producers Suffering Volatility in Congressionally-Created Fuel Credit Market Lack Standing to Challenge Reissuance of Expired Cred-

its166

Producers of Renewables United for Integrity Truth and Transparency v. U.S. Environmental Protection Agency, ___F.4th___, Case No. 19-9532 (10th Cir. Feb. 23, 2022).

District Court:

District Court Denies Motion for Certification of Interlocutory Appeal on the Meaning of ‘Waters of The United States’168

United States v. Mashni, ___F.Supp.4th___, Case No. 2:18-CV-2288-DCN (D. S.C. Jan. 19, 2022).

Court of Fed. Claims:

Federal Claims Court Determines Federal Government Is Not Required to Pay Local Fees to Abate Water Pollution170

City of Wilmington v. United States, ___F.Supp.4th___, Case No. 16-1619C (Fed. Cl. Jan. 26, 2022).

RECENT STATE DECISIONS

California Court of Appeal Finds Housing Development Contemplated by the City’s Specific Plan Was Exempt from Further CEQA Review172

Citizens Committee to Complete the Refuge v. City of Newark, 74 Cal.App.5th 560 (1st Dist. Jan. 25, 2022).