Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Environmental, Energy and Climate Change Law & Regulation Reporter

June 2016

Volume 9, Number 2 June 2016

CLIMATE CHANGE NEWS

Your Carbon Footprint Is Making Me Sick: Report Details the Cost of Climate Change on Human Health35

Consumers Union Issues Study Concluding that California Climate Policies Have Resulted in Substantial Consumer Savings37

LEGISLATIVE DEVELOPMENTS

Major California Natural Gas Leak Leads to Introduction of New Legislation Impacting All Natural Gas Production Facilities Statewide38

Post-2020—California Legislative Counsel Opines that Greenhouse Gas Reductions Will Not Be Authorized Pursuant to the Global Warming Solutions Act39

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change41

REGULATORY DEVELOPMENTS

California’s Targets Short-Lived Climate Pollutants in Next Phase of Attack on Climate Change43

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions46

LAWSUITS FILED OR PENDING

Environmentalists Continue Attacks on Mega Solar Project in Panoche Valley49

JUDICIAL DEVELOPMENTS

Federal:

D.C. Circuit Finds States Lack Standing to Challenge EPA’s Clean Air Act Vehicle Emissions

Model51

State of Kansas et al. v. U.S. Environmental Protection Agency, unpub. dec., Case No. 14-1268 (D.C. Cir. Apr. 15, 2016).

District Court Grants Motion Bringing Defendant Back into MTBE Contaminated Groundwater Litigation Years after Initial Dismissal53

Commonwealth of Puerto Rico v. Shell Oil Co., ___F.Supp.3d___, Case No. 1:07-cv-10470 (S.D. N.Y. Apr. 15, 2016).

District Court finds Clean Air Act Claims Did Not Arise in Isolation of State Law, Subjecting Them to Burford Abstention Treatment55

Ohio Valley Environmental Coalition v. River Cities Disposal, LLC, ___F.Supp.3d___, Case No. 15-47-DLB-EBA (E.D. Ky. Mar. 29, 2016).

State:

Massachusetts High Court Finds Real and Enforceable Teeth in Its Global Warming Solutions

Act57

Kain v. Massachusetts Department of Environmental Protection, Case No. SJC-11961 (Mass. May 17, 2016).