Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Climate Change Law & Policy Reporter

May 2022

Volume 2, Number 8 May 2022


California Governor Newsom Issues Drought Executive Order—Aims to Increase Regional Water Conservation Efforts209


Biden Administration’s EPA Restores California’s Ability to Set More

Stringent Auto Pollution Tailpipe Rules211

FERC Revises Policy Statement on Natural Gas Facilities Certification to Bolster Consideration of Green House Gas Impacts and Environmental Justice213

U.S. Securities and Exchange Commission Proposes Rule on Climate-Related Disclosures215

Drought Causes California State Water Resources Control Board to Warn Surface Water Rights Holders to Expect Curtailments217

California State Water Resources Control Board Announces New Proposed Standard for Hexavalent Chromium218


Recent Investigations, Settlements, Penalties and Sanctions200


Circuit Court of Appeals:

Ninth Circuit Finds NEPA Document Failed to Sufficiently Analyze GHG Emissions and Climate Impacts from Proposed Mining Expansion Pro-


350 Montana v. Haaland, ___F.4th___, Case No. 20-35411 (9th Cir. Apr. 4, 2022).

Ninth Circuit Affirms Summary Judgment in Favor of U.S. Fish and Wildlife Service, finding the ‘Barred Owl Removal Experiment’ Did Not Violate


Friends of Animals v. United States Fish and Wildlife Service, 28 F.4th 19 (9th Cir. 2022).

Eleventh Circuit Clarifies Pleading for Standard Aesthetic Injury under the Clean Water Act227

Glynn Environmental Coalition, Inc., et al. v. Sea Island Acquisition, LLC, 26 F.4th1235 (11th Cir. 2022).

Sixth Circuit Affirms Dismissal of Clean Water Act Citizen Suit Against Sewer District229

South Side Quarry, LLC v. Louisville & Jefferson County Metro. Sewer District, 28 F.4th 684 (6th Cir. 2022).


California Court of Appeal Finds County’s EIR for Specific Plan and Rezoning Project Violated CEQA as to Air Quality and Climate Change Impacts231

League to Save Lake Tahoe Mountain Area Preservation Foundation v. County of Placer, 75 Cal.App.5th 63 (3rd Dist. 2022).

California Court of Appeal Finds City’s Analysis of and Comment Responses to Traffic Impacts in Final EIR Sufficient In Light of Amendments to CEQA Guidelines233

Pleasanton Citizens for Responsible Growth v. City of Pleasanton, ___Cal.App.5th___, Case No. A161855 (1st Dist. Feb. 28, 2022).