FEATURE ARTICLE
The U.S. Supreme Court Holds that Landowners Can Sue the U.S. Army Corps of Engineers to Challenge Its Clean Water Act Jurisdictional Determinations by David Ivester, Esq. and Peter Prows, Esq. Briscoe, Ivester 91
CLIMATE CHANGE NEWS
White House Council on Environmental Quality Issues Final Guidance on Greenhouse Gas Emissions Consideration under NEPA96
Climate Change Battleground: West Coast Transportation Facilities and an Opposition to Coal99
New York State Announces ‘Clean Energy Standard’: A Bold Renewable Energy Mandate100
CLIMATE CHANGE SCIENCE
Recent Scientific Studies on Climate Change102
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties, and Sanctions104
REGULATORY DEVELOPMENTS
Ready for Takeoff: EPA Airs Endangerment Finding for Greenhouse Gas Emissions from Aircraft109
LEGISLATIVE DEVELOPMENTS
Major Modifications to Toxic Substances Control Act Signed into Law by President Obama111
California Senate Bill Would Require 40 Percent Additional Greenhouse Gas Reductions by
2030112
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Fifth Circuit Upholds FWS Critical Habitat Designation under the ESA on Land that is Unoccupied by Listed Species114
Markle Interests L.L.C. v. U.S. Fish and Wildlife Service, ___F.3d___, Case No. 14-31008 (5th Cir. June 30, 2016).
District Court:
District Court Rejects Proposed $16 Million CERCLA Settlement in Relation to California Oil Processing Sites116
Rev 973, LLC v. John Mouren-Laurens, et al., ___F.Supp.3d___, Case No. CV 98-10690 (C.D. Cal. July 1, 2016).
RECENT STATE DECISIONS
California Court of Appeal Denies Challenge to ‘Plan Bay Area’ Sustainable Community Strat-
egy117
Bay Area Citizens v. Association of Bay Area Governments, et al., 248 Cal.App.4th 966 (1st Dist. 2016).
