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Environmental, Energy and Climate Change Law & Regulation Reporter

October 2016

Volume 9, Number 5 October 2016

CLIMATE CHANGE NEWS

President Obama Outlines New Salton Sea Initiatives and Stepping Up Federal Commitment to Protection and Preservation123

California Cap-and-Trade Expenditure Plan Invests in Clean Energy and Disadvantaged Communities124

Environmental Groups File Notices of Intent to Sue Targeting Government Agencies for Alleged Endangered Species Act Violations126

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change128

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions130

REGULATORY DEVELOPMENTS

California Air Resources Board Scoping Plan Looks beyond SB 375 for Transportation and Land Use Sector Reductions133

LEGISLATIVE DEVELOPMENTS

Summary of California Climate Change Related Bills135

California Again Blazing Trail on Greenhouse Gas Reduction Commitments, Compliance with Passage of SB 32 and AB 197137

California Assembly Bill 2087 Promotes Voluntary, Local Conservation Measures, with an Eye to Climate Change Resiliency138

South Coast Air Board Will Not Be Expanded to Include ‘Environmental Justice’ Members as Senate Bill 1387 Fails to Pass in the Assembly139

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

D.C. Circuit Finds It Cannot ‘Rescue’ the Federal Government from Overpayment of CERCLA Remediation Costs that Were Made via Contractual Agreement141

Lockheed Martin Corporation v. U.S., ___F.3d___, Case No. 14-5302 (D.C. Cir. Aug. 19, 2016).

D.C. Circuit Holds that EPA’s Clean Air Act Implementation Rule Was a Reasonable Exercise of EPA’s Gap-Filling Authority143

WildEarth Guardians, et al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-1145 (D.C. Cir. July 29, 2016).

RECENT STATE DECISIONS

California Court of Appeal Holds Air Quality Receptor Thresholds may Have Limited Application in CEQA Analyses.145

California Building Industry Association v. Bay Area Air Quality Management District, 2 Cal.App.5th 485 (1st Dist. 2016).