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Environmental, Energy and Climate Change Law & Regulation Reporter

April 2016

Volume 8, Number 11 April 2016

CLIMATE CHANGE NEWS

United States and Mexico Enter into Memorandum of Understanding on the Assessment and Production of Energy Resources303

President Obama’s Latest Budget Plan Includes Provision for Clean Transportation System304

Can You Walk or Bike to Work? The Sacramento Regional Transportation Plan and the Push for Land Use Density305

Imperial Irrigation District Approves Lease for 1,900 Acres to Be Utilized by Large Scale Geothermal Project in the Salton Sea Area of Califor-

nia307

UPDATE ON THE SCIENCE OF CLIMATE CHANGE

Recent Scientific Studies on Climate Change309

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions311

REGULATORY DEVELOPMENTS

Nevada PUC’s Decision to Raise Fixed Solar Charge and Decrease Amount Paid for Providing Solar Energy Fuels Referendum and Anti-Referendum Legal Challenge314

LEGISLATIVE DEVELOPMENTS

Oregon Governor Signs into Law Nation’s First State Phase out of Coal for Energy Generation—While California Bill Package Seeks to Halt Coal Shipments through the State316

LAWSUITS FILED OR PENDING

EPA’s Renewable Fuel Standard Draws Lawsuits from Biofuel and Petroleum Industries318

RECENT FEDERAL DECISIONS

Ninth Circuit Reinstates Polar Bear Critical Habitat Designation321

Alaska Oil and Gas Association v. Jewell, ___F.3d___, Case No. 13-35619 (9th Cir. Feb. 29, 2016).

Ninth Circuit Rejects Arizona’s Challenge to National Park Clean Air Act Haze Reduction Pl-

an323

State of Arizona v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-70366 (9th Cir. Feb. 24, 2016).

Eighth Circuit Denies Review of EPA’s Determination on Nebraska’s Clean Air Act Regional Haze Plan325

State of Nebraska v. U.S. Environmental Protection Agency, et al., ___F.3d___, Case No. 12-3084, (8th Cir. Feb. 3, 2016).

District Court Dismisses Claims against Companies that Assisted in the Cleanup of the Deepwater Horizon Oil Spill327

In re Deepwater Horizon, ___F.Supp.3d___, Case No. MDL No. 2179 (E.D. La. Feb. 16, 2016).

District Court Finds EPA’s Clean Air Act PSD Action against Plant Operator Was Equitable in Nature Precluding a Right to a Jury Trial329

U.S. v. Ameren Missouri, ___F.Supp.3d___, Case No. 4:11-cv-77 RWS (E.D. Mo. Feb. 8, 2016).