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Climate Change Law & Policy Reporter

June 2021

Volume 1, Number 9 June 2021

ENVIRONMENTAL NEWS

California Governor Newsom Issues Drought Proclamations291

LEGISLATIVE DEVELOPMENTS

California Assembly Bill Seeks to Heighten Water Conservation Efforts by Decreasing Urban Water Use Objectives for Indoor Residential Water

Use293

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change295

REGULATORY DEVELOPMENTS

California Department of Water Resources Releases Final Drought Planning Report for Small and Rural Water Suppliers298

Idaho Agency Director Issues Contested Administrative Decision Considering Water Right Implications of Wastewater Reuse under State Law300

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions303

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Second Circuit Dismisses City of New York Global Climate Change Lawsuit against Multiple Multinational Oil Companies309

City of New York v. Chevron Corporation, 993 F.3d 81 (2nd Cir. 2021),

D.C. Circuit Addresses Petition Challenging FERC Decision on Hydropower License and Related Endangered Species Act Claims310

Shafer & Freeman Lakes Environmental Conservation Corporation v. Federal Energy Regulatory Commission, 992 F.3d 1071 (D.C. Cir. 2021).

District Court of Appeals:

U.S. Army Corps of Engineers’ Clean Water Act Section 408 Requirements Upheld by the District Court313

Russellville Legends, LLC v. U.S. Army Corps of Engineers, ___F.Supp.3d___, Case No. 4:19-CV-00524-BSM (E.D. Ark. Mar. 31, 2021).

RECENT STATE DECISIONS

California Court of Appeal Rejects Inverse Condemnation Claim by Geothermal Power Plant against Lassen Municipal Utility District for Failure to Demonstrate Causation316

Amedee Geothermal Venture I v. Lassen Municipal Utility District, Unpub., Case No. CO86978 (3rd Dist. Mar. 26, 2021).

California Court of Appeal Upholds Multi-Million Dollar Penalty against Homeowner Blocking Public Access to the Coast317

Lent v. California Coastal Commission, 62 Cal.App.5th 812 (2nd Dist. 2021).

Maryland Court of Special Appeals Upholds Clean Water Act, MS4 Permit against Challenge to Broad Scope of Requirements319

Maryland Small MS4 Coalition, et al. v. Maryland Department of the Environment, Case No. 1865 (Md. Ct. Spec. App. Apr. 29, 2021).