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

Climate Change Law & Policy Reporter

December 2022

Volume 3, Number 3 December 2022

ENVIRONMENTAL NEWS

New Technical Study Assesses Costs and Practical Considerations in Moving Water from the Mississippi to Fuel Drought Striken Colorado River Basin67

REGULATORY DEVELOPMENTS

U.S. Department of the Interior Announces $210 Million for Drought Resilience Projects in the West69

California State Water Resources Control Board Adopts Water Conservation Standards for Urban Suppliers70

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions73

LAWSUITS FILED OR PENDING

Monsanto Petitions for Eleventh Circuit En Banc Review after Losing FIFRA Preemption Argument Against State Law Failure to Warn Claim78

California’s PFAS Lawsuit Casts a Wide Net79

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Finds Department of The Interior’s Environmental Assessment for Coal Mine Expansion Project Violated NEPA by Failing to Provide Science-Based Methodology in its FONSI81

350 Montana v. Haaland, 50 F.4th 1254 (9th Cir. Oct. 14, 2022).

D.C. Circuit Issues Extraordinary Writ Relief Commanding EPA to Comply with Endangered Species Act82

In re: Center for Biological Diversity, ___F.4th___, Case No. 21-1270 (D.C. Cir. Nov. 22, 2022).

Eighth Circuit Finds States Lacked Article III Standing to Challenge Biden Administration’s Carbon Cost Metric85

State of Missouri v. Biden, ___F.4th___, Case No. 21-3013 (8th Cir. Oct. 21, 2022).

District Court:

D.C. District Court Grants Summary Judgment in Favor of Pipeline Project87

Red Lake Band of Chippewa Indians v. U.S. Army Corps of Engineers, ___F.Supp.4th___, Case No. 20-3817, No. 21-0189 (D. D.C. Oct. 7, 2022).