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Environmental, Energy and Climate Change Law & Regulation Reporter


Challenging Federal Agency Retreat on Remand—When Does Regulatory Relief Constitute Final Agency Action Subject to Judicial Review?



Nine Orange County, California Water Agencies Consider Litigation over PFAS Contamination214


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


Recent Investigations, Settlements, Penalties and Sanctions219


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).