FEATURE ARTICLE
Challenging Federal Agency Retreat on Remand—When Does Regulatory Relief Constitute Final Agency Action Subject to Judicial Review?
209
ENVIRONMENTAL NEWS
Nine Orange County, California Water Agencies Consider Litigation over PFAS Contamination214
REGULATORY DEVELOPMENTS
U.S. Bureau of Reclamation Releases Environmental Document for Repair of Friant-Kern Canal in California216
California’s Judicial Council Amends Emergency Rule Tolling Statutes
of Limitations as They Relate to California Environmental Quality Act Actions217
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions219
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Requires U.S. Forest Service to Prepare EIS after It finds Environmental Assessment Prepared for Restoration Project Severely Lacking226
Bark v. United States Forest Service, 958 F.3d 865 (9th Cir. 2020).
Second Circuit Holds Accumulation of Perfluorooctanoic Acid in Blood from Discharges into Groundwater May Meet Personal Injury Threshold in New York228
Benoit, et al. v. Saint-Gobain Performance Plastics Corp., et al., ___F.3d___, Case No. 17-3941 (2nd Cir. May 18, 2020).
Ninth Circuit Finds State Law-Based Climate Change Lawsuit Did Not Raise Federal Questions for Purposes of Federal Court Removal230
City of Oakland v. BP, PLC et al., ___F.3d___, Case No. 18-16663
(9th. Cir., May 26, 2020).
Fifth Circuit Holds Clean Air Act Title V Permitting Does Not Encompass Re-Examination of Previously-Issued Title I Permits232
Environmental Integrity Project v. U.S. Environmental Protection Agency, 960 F.3d 236 (5th Cir. May 29, 2020).
Eighth Circuit Upholds Bankruptcy Claim Discharge Barring Climate Change Suits by California Municipalities234
In re Peabody Energy Corporation, 958 F.3d 717 (8th Cir. 2020).
District Court:
District Court Holds EPA Has an Ongoing Nondiscretionary Duty under the Clean Water Act to Update the National Contingency Plan236
Earth Island Institute, et al., v. Andrew R. Wheeler, et al., ___F.Supp.3d___, Case No. 20-CV-00670-WHO (N.D. Cal. June 2, 2020).
