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Environmental, Energy and Climate Change Law & Regulation Reporter

June 2015

Volume 8, Number 2 June 2015

CLIMATE CHANGE NEWS

California Governor Signs Executive Order Establishing Aggressive New Target for Greenhouse Gas Emissions Reductions31

Update on California’s Revised Budget and Proposed Legislation which Address Climate Change32

City of Los Angeles Releases Sustainable City Plan34

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change36

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions38

REGULATORY DEVELOPMENTS

California Air Resources Board is Finalizing its Sustainable Freight Strategy in Conjunction with Public Comments41

Water on the Way? California State Water Resources Control Board Approves Uniform Guidelines to Regulate Seawater Desalination Facilities42

LAWSUITS FILED OR PENDING

Environmental Organizations File Suit against the California Department of Conservation to Stop the Injection of Oil Wastewaster into Protected Aqui-

fers44

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Holds Challenge to State Regulation Which Is Not Yet Part of Clean Air Act SIP Is Subject to Court of Appeals’ Exclusive Jurisdiction46

California Dump Truck Owners Association v. Nichols, ___F.3d___, Case No. 13-15175) 2015 (9th Cir. Apr. 27, 2015).

D.C. Circuit Confirms Requirements for Challenges to EPA Promulgated Greenhouse Gas Regula-

tions48

Delta Construction Co. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 11-1428 (D.C. Cir. Apr. 24, 2015).

Ninth Circuit Ends Two Decades of Litigation over the Pesticide Element of California’s State Implementation Plan under the Clean Air Act50

El Comite para el Bienestar de Earlimart v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-74184 (9th Cir. May 8, 2015).

D.C. Circuit Holds that EPA Administrator’s Discretionary Endangerment Findings Trigger Duties to Regulate Air Pollutants and Stationary Sources under the CAA52

Samuel Zook, et al. v. U.S. Environmental Protection Agency and Gina McCarthy, ___F.3d___, Case No. 14-5187 (D.C. Cir. Apr. 24, 2015).

State:

California Court of Appeal Finds Building Association’s Attempt to Invalidate Increases in Stormwater Permit Fees by the State Water Board Fails54

California Building Industry Association v. State Water Resources Control Board, ___Cal.App.4th___, Case No. A137680 (1st Dist. Apr. 20, 2015, as modified May 11, 2015).