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Climate Change Law & Policy Reporter

July 2022

Volume 2, Number 10 July 2022


U.S. Senators Introduce Financial Assistance Bill to Provide Additional Funding for Water Projects in the West269


U.S. EPA and Department of Justice Announce the Return of the Use of Supplemental Environmental Projects271

U.S. Department of Justice Issues Comprehensive Environmental Justice Enforcement Strategy272

U.S. Environmental Protection Agency Agrees to Pay New Mexico and Navajo Nation $63 Million for Gold King Mine Spill274

California Coastal Commission Denies Permit to Build Desalination Plant in Huntington Beach Due to Environmental Risks276


Recent Investigations, Settlements, Penalties and Sanctions279


Circuit Court of Appeals:

Ninth Circuit Finds U.S. Forest Service Acted Arbitrarily and Capriciously in Approving Plan of Operations for Copper Mine284

Center for Biological Diversity v. U.S. Fish and Wildlife Service, 33 F.4th 1202 (9th Cir. 2022).

Tenth Circuit Determines Point Source’s Statute of Limitations Applies to State Claims in Federal Court Diversity Actions under the Clean Water


Allen, Jr., et al. v. U.S. Environmental Restoration, 32 F.4th 1239 (10th Cir. 2022).

Fifth Circuit Strikes Blow at Administrative State—SEC Cannot Seek Civil Penalties286

Jarkesy v. Securities and Exchange Commission, ___F.4th___, Case No. 20:61007 (5th Cir. May 18, 2022).

Fifth Circuit Rules Oil Pollution Act Claims Merit a Jury Trial288

United States v. ERR, LLC, et al., ___F.4th___, Case No. 21-30028 (5th Cir. May 26, 2022).

District Court:

District Court Reinforces Protection for Responsible Parties Against State Law Claims Conflicting with Already Set Remedial Action289

York et al. v. Northrop Grumman Corp. Guidance and Electronics Co. Inc. et al., ___F.Supp.4th___, Case No. 6:21-cv-03251 (W.D. Mo. 2022).


California Court of Appeal Finds Bumble Bees May Be Classified as ‘Fish’ under the California Endangered Species Act291

Almond Alliance of California v. Fish & Game Commission, ___Cal.App.5th___, Case No. C093542 (3rd Dist. May 31, 2022).

Nevada Supreme Court Changes the Landscape on Groundwater Management In Drought Stricken Over-Drafted Basins293

Diamond Natural Resources Protection & Conservation Association v. Diamond Valley Ranch, LLC, 138 Nev. Adv.Op. 43 (2022).