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

Climate Change Law & Policy Reporter

January 2023

Volume 3, Number 4 January 2023

FEATURE ARTICLE

California Court of Appeal Upholds General Plan Standards When Project Application Deemed Complete—Rather than New Standards Released While Project Approval Was Pending by Veronika Morrison, Esq. and Bridget McDonald, Esq., Remy Moose Manley, LLP, Sacramento93

ENVIRONMENTAL NEWS

Federal Government to Provide $250 Million in Funding to Local Agencies for Salton Sea Restoration Projects97

LEGISLATIVE DEVELOPMENTS

Washington State Joint Legislative Task Force Issues Report on Water Resource Mitigation99

REGULATORY DEVELOPMENTS

U.S. Environmental Protection Agency Aligns Aircraft Engine Emissions Standards with United Nations and Considers Increasing Stringency in the Future102

U.S. Bureau of Land Management Proposes a New Regulation to Reduce Methane Emissions at Energy Plants103

In a Major Regulatory Step, FERC Approves Removal of Four Dams on the Klamath River105

California Coastal Commission Approves Substantial Desalination Pro-

ject107

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions110

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Georgia Municipal Immunity Does Not Shield Wastewater Treatment Utility from PFAS Liabil-

ity114

Johnson v. 3M Company, ___F.4th___, Case No. 21-13663 (11th Cir. Dec. 21, 2022).

District Court:

District Court Finds Colorado Mine Violated the Clean Water Act115

Stone v. High Mountain Mining Company, LLC, et. al., ___F.Supp.4th___, Case No. 19-CV-1246 (D. Colo. 2022).

RECENT STATE DECISIONS

Washington Supreme Court Holds Guidance Providing for Broad Discretion in Developing NPDES Testing Requirements Not Subject to Notice-And-Comment Rulemaking Procedures118

Northwest Pulp & Paper Association v. State of Washington, Department of Ecology, Case No. 100573-3 (Wash. Sup. Ct. Dec. 8, 2022).

Michigan Court of Claims Overturns PFAS Drinking Water Regulations for Failure To Consider Groundwater Cleanup Costs119

3M Company v. Michigan Department of Environment, Great Lakes, and Energy, 21-000078-MZ (Mich. Ct. Cl. Nov. 15, 2022).