Environmental, Energy and Climate Change Law & Regulation Reporter

CLIMATE CHANGE NEWS

‘Paris Agreement’ Adopted at United Nations Conference of the Par-

ties211

Obama Administration Rejects Keystone Pipeline Xl212

University of California Scientists Look to On-Farm Recharge as a Way to Capture El Nino Rains and Replenish Groundwater Supplies214

UPDATE ON THE SCIENCE OF CLIMATE CHANGE

Recent Scientific Studies on Climate Change216

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions218

REGULATORY DEVELOPMENTS

California Air Resources Board Develops Second Investment Plan for Cap-and-Trade Auction Proceeds221

JUDICIAL DEVELOPMENTS

Federal:

Wind Turbines Generate Power and Lawsuits—Ninth Circuit Finds Imperial Valley Wind Farm Project Ran Afoul of NEPA223

Desert Protective Council v. U.S. Department of the Interior, ___F.3d___, Case No. 13-55561 (9th Cir. Nov. 19, 2015).

Sixth Circuit Joins with Second and Third Circuits Holding that Clean Air Act Compliance Does Not Preempt State Common Law Claims224

Merrick v. Diageo Americas Supply, Inc. 805 F.3d 685 (6th Cir. 2015).

D.C. Circuit Dismisses Truckers’ Appeal of California Emissions Rule226

Owner-Operator Independent Drivers Association, Inc. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-1192 (D.C. Cir. Nov. 24, 2015).

District Court Dismisses Lawsuit Challenging EPA’s Failure to Regulate Ammonia Emissions under the Clean Air Act227

Environmental Integrity Project, et al. v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 15-0319 (D. D.C. Dec. 1, 2015).

District Court Holds that Stormwater Is a Pollutant Subject to Regulation under the Clean Water

Act229

Puget Soundkeeper Alliance v. Whitley Manufacturing Co., Inc., ___F.Supp.3d___, Case No. C13-1690RSL (W.D. Wash. 2015).

State:

California Supreme Court Finds Violations of CEQA in Greenhouse Gas Analysis and Species Mitigation, Dealing Blow to Project231

Center for Biological Diversity v. California Department of Fish and Wildlife, ___Cal.4th___, Case No. S217763 (Cal. Nov. 30, 2015).

Washington State Court Expands Public Trust Doctrine to the Protection ofthe Atmosphere in

Youths’ Climate Change Action234

Foster et al. v. Washington Department of Ecology, ___Wn.2d___, Case No. 14-2-25295-1 (Wash. Super. Ct. Nov. 19, 2015).