FEATURE ARTICLE
The Fate of California’s Cap-And-Trade Program—Judicial Scrutiny and Possible Program Expansion beyond 2020 by Jonathan E. Shardlow, Esq. and Martin P. Stratte, Esq., Gresham Savage Nolan 31
CLIMATE CHANGE NEWS
President Trump Signs Executive Order ‘America-First Offshore Energy Strategy’ Reversing Obama’s Ban on Oil and Gas Drilling in the Outer Continental Shelf35
U.S. States Urge the Trump Administration to Stay Committed to the Paris Climate Change Agreement36
CLIMATE CHANGE SCIENCE
Recent Scientific Studies on Climate Change38
REGULATORY DEVELOPMENTS
California Agencies Release Final Report Proposing Long-Term Framework Implementing Governor’s Directive to ‘Make Water Conservation a California Way of Life’40
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties, and Sanctions42
LAWSUITS FILED OR PENDING
D.C. Circuit Court of Appeals Stays Clean Power Plan Litigation45
JUDICIAL DEVELOPMENTS
Federal:
Ninth Circuit Finds Challenge to EPA-Approved Clean Air Act State Implementation Plan Must Be Brought in Federal Courts of Appeals47
Owner-Operator Independent Drivers Association, Inc. v. Corey, Unpub., Case No. 15-16429 (9th Cir. Apr. 26, 2017).
D.C. Circuit Reject’s EPA’s Primary Justification for Its Final Rule—That It Would Be Impractical or Unlikely for the Agency to Pursue Animal Waste Air Emissions48
Waterkeeper Alliance, et al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 09-1017 (D.C. Cir. Apr. 11, 2017).
District Court Rules the Clean Water Act Authorizes Citizen Suits against Anyone that Is Currently Violating Certification under Section 40150
Deschutes River Alliance v. Portland General Electric Company, ___F.Supp.3d___, Case No. 3:16-cv-1644-SI (D. Or. Mar. 27, 2017).
State:
On Remand, California Court of Appeal Expands upon the Scope of CEQA Review to Changes to Project Approved under Mitigated Negative Declarations52
Friends of the College of San Mateo Gardens v. San Mateo Community College District, ___Cal.App.5th___, Case No. A135892 (Cal.App. May 5, 2017).
