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Environmental, Energy and Climate Change Law & Regulation Reporter

May 2017

Volume 10, Number 1 May 2017


Fulfilling Campaign Promise, President Trump Begins Expected Repeal of Clean Power Plan3


Recent Scientific Studies on Climate Change5


California Air Resources Board Adopts Methane Regulations for Oil and Gas Facilities7

California Air Resources Board Unanimously Approves 2016 SCAQMD’s Air Quality Management Plan and Adopts Amendment Regarding Indirect Sources Rules8

San Francisco Bay Area Grapples with Particulate Matter Pollution—and Size Does Matter10


Recent Investigations, Settlements, Penalties, and Sanctions12



Ninth Circuit Denies Petition for Review of Clean Air Act Federal Implementation Plan For the Navajo Nation15

Vincent Harris Yazzie v. U.S. Environmental Protection Agency, et al., ___F.3d___, Case No. 14-73100 (9th Cir. 2017).

District Court Gives EPA a Deadline to Promulgate ‘Risk and Technology Reviews’ under the Clean Air Act17

Blue Ridge Environmental Defense League v. Pruitt, ___F.Supp.3d___, Case Number 16-cv-00364 (CRC) (D. D.C. Mar. 22, 2017).


California Supreme Court Reverses Court of Appeal—Holds an EIR Must Identify Environmentally Sensitive Habitat Areas for Projects in the Coastal Zone19

Banning Ranch Conservancy v. City of Newport Beach ___Cal.5th___, Case No. S227473 (Mar. 30, 2017).

California Court of Appeal Rules County Did Not Engage in Piecemeal Review of Zoning Ordinances and Upholds Negative Declaration21

Aptos Council v. County of Santa Cruz, ___Cal.App.5th___, Case No. H042976 (6th Dist. Mar. 30, 2017).

Is the State’s Cap-and-Trade Program a ‘Tax’?—Not According to the California Court of Appeal22

California Chamber of Commerce v. State Air Resources Board, ___ Cal.App.4th ___, Case Nos. C075930, C075954 (3rd Dist. Apr. 6, 2017).

California Court of Appeal Finds California Air Resources Board’s Adoption of 2015 Low Carbon Fuel Standards Violated CEQA24

POET, LLC, et. al v. State Air Resources Board et al., ___Cal.App.5th___, Case No. F073340 (5th Dist. Apr. 10, 2017).