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Environmental, Energy and Climate Change Law & Regulation Reporter

December 2015

Volume 8, Number 7 December 2015

CLIMATE CHANGE NEWS

Seventy Countries Convene for a Pre-Conference of the Parties Meeting in Paris179

Five States File Petition in D.C. Circuit Seeking Judicial Review of the U.S. Environmental Protection Agency’s New Ozone Rule180

Publication of EPA’s Clean Power Plan in Federal Register Triggers Lawsuits Galore182

White House Announces New Initiative to Combat ‘Super Pollutant’

HFCs183

University of California Unveils Plan to Combat Climate Change185

LEGISLATIVE DEVELOPMENTS

California Senate Bill 758 Looks to the Skies for Answers, Authorizes Study of ‘Atmospheric Rivers’187

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change189

REGULATORY DEVELOPMENTS

California Coastal Commission Narrowly Approves Unprecedented Sand-Replenishment Project along Malibu’s Broad Beach to Guard against Climate Change Impacts192

California Air Resources Board Approves $90 Million in Low Carbon Transportation Investments193

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions195

JUDICIAL DEVELOPMENTS

Federal:

Sixth Circuit Issues Nationwide Stay of the

Clean Water Act’s ‘Waters of the United States’ Rule197

In re: U.S. Environmental Protection Agency and Department of Defense Final Rule; ‘Clean Water Rule: Definition of Waters of the United States,’ ___F.3d___, Case No. 15-3799 (6th Cir. Oct. 9, 2015).

Sixth Circuit Rejects Coal Industry Bid to Block Switch to Natural Gas at Tennessee Valley Authority Power Plant199

Kentucky Coal Association Inc. v. Tennessee Valley Authority, ___F.3d___, Case No. 15-5163 (6th Cir. Oct. 23, 2015).

Fifth Circuit Bars Claims against Barge Company for Mississippi River Oil Spill200

Nguyen v. American Commercial Lines, LLC, ___F.3d___, Case No. 2:11-CV-1799 (5th Cir. Oct. 8, 2015).

District Court Allows SolarCity Anti-Trust Lawsuit against Arizona Utility Company to Proceed202

SolarCity Corporation v. Salt River Project Agricultural Improvement and Power District, Case Number CV-15-00374-PHX-DLR, order, Oct 27, 2015 (D. Az.)

State:

California Court of Appeal Upholds Environmental Impact Report for Los Angeles County Subway Extension Project204

Beverly Hills Unified School District v. Los Angeles County Metropolitan Transportation Authority, ___Cal.App.4th___, Case No. B256605 (Cal. App. Oct 22, 2015).