Environmental, Energy and Climate Change Law & Regulation Reporter
January 2017
Volume 9, Number 8
January 2017
CLIMATE CHANGE NEWS
Obama Administration Announces Ban on Offshore Drilling in Arctic Waters211
President-Elect Trump’s Cabinet Choices and Climate Change—Where Might This All Be Heading?212
UPDATE ON THE SCIENCE OF CLIMATE CHANGE
Recent Scientific Studies on Climate Change215
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties, and Sanctions217
REGULATORY DEVELOPMENTS
Bureau of Land Management Announces New Rule to Reduce Greenhouse Gas Emissions Caused by Oil and Gas Production219
EPA to Affirm Vehicle Emission Standards before Trump Presidency220
U.S. Department of the Interior Releases Final Proposed Plan for Oil and Gas Leasing on Outer Continental Shelf222
LAWSUITS FILED OR PENDING
Environmental Organizations Sue Federal Agencies over Environmental Assessment of Offshore Fracking, Seeking to Compel Further Environmental Analysis224
Class Action Lawsuit Filed against Exxon Takes Novel Approach to Climate Change Litigation226
RECENT FEDERAL DECISIONS
Court of Appeals:
Sixth Circuit Holds Reasonable but Mistaken Belief in Contract Obligation in Fracking Dispute Cannot Give Rise to Liability under False Claims Act228
U.S. v. Muskingum Watershed Conservancy District, ___F.3d___, Case No. 15-4460 (6th Cir. Nov. 21, 2016).
District Court:
District Court Rules Citizen Suit under CAA Cannot Be Used to Compel EPA to Clarify Its Procedures for Review of PSD and Title V Permits.230
Consolidated Environmental Management, Inc. v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 2:16-cv-01432 (E.D. La. Nov. 22, 2016).
District Court Addresses State Established Parens Patriae Standing under Article III in RCRA Citizen Suit over Alleged Hanford Nuclear Site Pollu-
tion231
Hanford Challenge, et al. v. Ernest Moniz, in his official Capacity as Secretary, U.S. Department of Energy, et al., ___F.Supp.3d___, Case No. 4:15-CV-5086-TOR (E.D. Wash. Nov. 3, 2016).
District Court Allows Claims Brought by Children against the Federal Government for Failure to Protect against Climate Change to Proceed233
Juliana v. U.S., ___F.Supp.3d___, Case No. 6:15-cv-01517-TC, (D. Or. Nov. 10, 2016).
RECENT STATE DECISIONS
Greenhouse Gas Strategies Courtesy of the Golden State Warriors Franchise—California Court of Appeal Upholds Project’s CEQA Analysis235
Mission Bay Alliance v. Office of Community Investment and Infrastructure, ___Cal.App.5th___ Case No. A148865 (1st Dist. Nov. 29, 2016).
