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

Environmental, Energy and Climate Change Law & Regulation Reporter

January 2021

Volume 1, Number 4 January 2021


Environmental Justice in General Plans: Strategic Considerations for Planning and Land Use Professionals by Michele A. Staples, Esq., Jackson Tidus, A Law Corporation, Irvine, California117


Arizona and Nevada Take Major Steps towards Greenhouse Gas Reductions by 2050123


Federal Legislation Reintroduced to Tackle PFAS Water Contamination Issues126


Recent Scientific Studies on Climate Change128


California Air Resources Board Expands Criteria for Air Pollutant and Toxic Air Contaminant Reporting with Amendment of Regulations131


Circuit Court of Appeals:

Fourth Circuit Delivers Another Setback for the Mountain Valley Pipeline’s Reliance on Nationwide Permit 12133

Sierra Club v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 20-2039 (4th Cir. Dec. 1, 2020).

Fifth Circuit Finds EPA Has Authority to Alter States’ Proposed CAA Designations of Attainment Status135

State of Texas v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 18-60606 (5th Cir. Dec. 23, 2020).

District Court:

District Court Backs Washington State Department of Ecology regarding a Ban on Vessel Sewage Dumping in Puget Sound137

American Waterways Operators v. Wheeler, ___F.Supp.3d___, Case No. 18-cv-02933 (D. D.C. Nov. 30, 2020).

District Court Addresses Lessor Liability under the Clean Water Act for Violations of Former Tenants under a Terminated General Permit138

Puget Soundkeeper Alliance v. APM Terminals Tacoma, LLC, ___F.Supp.3d___, Case No. C17-5016 BHS (W.D. Wash. Nov. 17, 2020).

District Court Holds Issuance of New NPDES Permit Does Not Moot Claims for Violations of Prior Permit if New Permit Is Stayed140

Sierra Club, Inc. v. Granite Shore Power LLC, ___F.Supp.3d___, Case No. 19-cv-216-JL (D. N.H. Nov. 25, 2020).

District Court Finds DOJ Must Determine Whether Civil Enforcement Agencies Possess Discoverable Materials in Diesel Emissions Prosecution142

U.S. v. Palma, ___F.Supp.3d___, Case No. 19-20626 (E.D. Mich. Nov. 17, 2020).


California Court of Appeal Finds Provisions in the Public Resources Code Related to the Energy Commission Unconstitutional145

Communities for a Better Environment et al. v. Energy Resources Conservation and Development Commission, 57 Cal.App.5th 786 (1st Dist. 2020).

California Court of Appeal Addresses an EIR which Did Not Rely on California’s Cap-and-Trade Program for Its Greenhouse Gas Impacts Analysis147

Paulek v. City of Moreno Valley (HF Properties), ___Cal.App.5th___, Case No. E071194 (4th Dist. Nov. 24, 2020).