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Environmental, Energy and Climate Change Law & Regulation Reporter

July 2016

Volume 9, Number 3 July 2016

CLIMATE CHANGE NEWS

Sweden, The ‘Most Sustainable Nation,’ Leads the Charge in Renewable Energy Market63

California Cap-and-Trade Auction Falls Far Short, Delivering Blow to State Revenue and High Spped Rail Financing64

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change66

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions68

REGULATORY DEVELOPMENTS

California Department of Water Resources Adopts Final Groundwater Sustainability Plan Regulations70

RECENT FEDERAL DECISIONS

U.S. Supreme Court:

U.S. Supreme Court Holds Jurisdictional Delineation by Army Corps of Engineers under the Clean Water Act May Be Judicially Challenged73

U.S. Army Corps of Engineers v. Hawkes Co. Inc., ___U.S.___, Case No. 15-290 (May 31, 2016).

Circuit Court of Appeals:

Ninth Circuit Finds Further Analysis under NEPA Required for Wind Energy Project in Oregon75

Oregon Natural Desert Association v. Jewell, ___F.3d___, Case No. 13-36078 (9th Cir. May 26,2016).

Ninth Circuit Supports BLM Decision to Grant Right of Way on Public Lands to Facilitate Wind Project76

Protect Our Communities Foundation v. Jewell, ___F.3d___, Case No. (9th Cir. June 7, 2016).

District Court:

District Court Delays Ruling on the Constitutionality of California’s Low Carbon Fuel Standard Pending Further Briefing78

Rocky Mountain Farmers Union, et. al. v. Richard W. Corey, et al., ___F.Supp.2d___, Case No. 1:10-cv-163-LJO-BAM (E.D. Cal. May 13, 2016).

RECENT STATE DECISIONS

California Court of Appeal Rules Removing Minimum Residential Density Requirements in General Plan Not CEQA Categorically Exempt80

People for Proper Planning v. City of Palm Springs, ___Cal.App.4th___, Case No. E062725 (4th Dist. May 20, 2016).

Massachusetts Supreme Judicial Court Finds that State Department of Environmental Protection Falls Short in the Regulation of GHG Emissions82

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

Washington State Appellate Court Upholds State Regulator’s Decision to Restrict Utility Cost Recovery to In-State Power Facilities84

PacificCorp v. Washington Utilities and Transportation Commission, Case No. 46009-2 (Wash.App. Apr. 27, 2016).