Environmental, Energy and Climate Change Law & Regulation Reporter

CLIMATE CHANGE NEWS

California Governor forms Strike Force that Proposes Wildfires Stra-

tegy35

Florida Makes Science Paramount in Water Resources, Water Quality and Sea Level Rise Concerns36

Report on Climate Change’s Impact on the Economics of Winter

Sports38

California Restaurants and the Climate Surcharge39

LEGISLATIVE DEVELOPMENTS

Oregon Moves toward Carbon Reduction Bill41

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change43

REGULATORY DEVELOPMENTS

California Public Utilities Commission Requires Utilities to Prioritize Renewable Resources and Transition Away from Fossil Fuels46

California Public Utilities Commission Initiates Decarbonization Proceeding to Address Building Emissions47

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions49

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Halts Motorized Traffic in Southeastern Oregon’s High Desert in the Face of NEPA, FLPMA and Wilderness Act Challenges51

Oregon Natural Desert Association v. Rose, 921 F.3d 1185 (9th Cir. 2019).

Sixth Circuit Holds Public Comments in Administrative Proceedings Are Insufficient to Establish Standing in Challenging Agency Action52

Protecting Air for Waterville v. Ohio Environmental Protection Agency, ___F.3d___, Case No. 18-3025 (6th Cir. Feb. 21, 2019).

“Multi-State” Pollution—D.C. Circuit Addresses the Role of EPA and States in Enforcing the CAA’s Protection against Ozone Pollution54

State of New York v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 17-1273 (D.C. Cir. 2019).

District Court Finds Federal Government Waived Sovereign Immunity for Negligent Responses to Flint Water Crisis56

Burgess v. United States, ___F.Supp.3d___, Case Nos. 17-11218, 18-10243 (E.D. Mich. Apr. 18, 2019).

District Court Grants Motions for Summary Judgment Challenging Trump Administration’s Lift of Coal Leasing Stay58

Citizens for Clean Energy, et al. v. U.S. Department of the Interior, et al., ___F.Supp.3d ___, Case No. 4:17-cv-00030-BMM (D. Mt. Apr. 19, 2019).