FEATURE ARTICLE
U.S. Supreme Court Issues County of Maui Decision—Finds ‘Functionally Equivalent’ Test Guides the Inquiry Whether an NPDES Permit is Required for Groundwater Point Sources that Link to Waters of the U.S. by Travis Brooks, Esq, Miller Starr Regalia, Walnut Creek, California177
ENVIRONMENTAL NEWS
Governor Newsom Issues Executive Order that Suspends Certain Noticing Deadlines under the California Environmental Quality Act183
REGULATORY DEVELOPMENTS
Oregon Department of Environmental Quality Proposes to Approve Water Quality Certification for the State University’s PacWave South Wave Energy Facility185
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions187
LAWSUITS FILED OR PENDING
California Obtains Temporary Halt, under the Endangered Species Act, to Current Central Valley Project Operations to Protect Steelhead191
New Lawsuit Filed in Montana State Court Claiming State’s Energy Policies Cause Injury to ‘Youth’ Plaintiffs Due to Climate Change193
RECENT FEDERAL DECISIONS
U.S. Supreme Court:
U.S. Supreme Court Finds State Law Claims for Oilfield Cleanup Restoration Plan More Stringent than a CERCLA Plan May Require EPA Ap-
proval195
Atlantic Richfield Co. v. Christian et.al., ___U.S.___, 140 S.Ct. 1335 (April 20, 2020).
District Court:
Allegations of RICO Violations in ‘Clean Diesel’ Litigation Survive Motion to Dismiss at the District Court197
Albers v. Mercedes-Benz USA, LLC, et al., ___F.Supp.3d___, Case No. 16-881 (D. N.J. Mar. 25, 2020).
District Court finds Nationwide Permit for Keystone Xl Pipeline and Other Pipeline and Utility Projects Violates the Endangered Species Act198
Northern Plains Resource Council v. U.S. Army Corps of Engineers, ___F.Supp.3d___, Case No. CV-19-44-GF-BMM (D. Mt. Apr. 15, 2020, amended order May 11, 2020).
RECENT STATE DECISIONS
California Court of Appeal Upholds CEQA Environmental Impact Report for Oil Refinery Pro-
ject201
Communities for a Better Environment v. South Coast Air Quality Management District, ___Cal.App.5th___, Case No. B293327 (2nd Dist. Apr. 2, 2020).
