CLIMATE CHANGE NEWS
To Help Relieve National Debt, President Trump Proposes Sale of Strategic Petroleum Reserves59
California Removes Cap-And-Trade Expenditure Plan from 2017-2018 Budget60
California’s Oroville Dam Spillway Incident Preliminary Forensic Investigation Report and Recovery Plans Released61
Exxon Shareholders Demand Disclosure of Climate Change Impacts on Investments62
CLIMATE CHANGE SCIENCE
Recent Scientific Studies on Climate Change64
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties, and Sanctions66
REGULATORY DEVELOPMENTS
California Natural Resources Agency Releases Draft Update to Safeguarding California—The State’s Climate Change Adaptation Strategy69
LEGISLATIVE DEVELOPMENTS
Update on California Climate Change Legislation72
RECENT FEDERAL DECISIONS
Court of Appeals:
Sixth Circuit Affirms Dismissal of Class Action for Indirect Trespass Claim Related to Particulate Air Emissions75
Abrams et al. v. Nucor Steel Marion, Inc., ___F.3d___, Case No. 15-4422, (6th Cir. May 25, 2017).
Second Circuit Finds Insurer Had No Duty to Defend or Indemnify in Underlying Action for Chemical Contamination at Superfund Site77
Cincinnati Insurance Co. v. Roy’s Plumbing, Inc., ___F.3d___, Case No. 16-2511-CV (2nd Cir. May 31, 2017).
D.C. Circuit Finds Clean Water Act Does Not Expressly Preempt EPA’s Ability to Withhold Data in the Face of a FOIA Request78
Environmental Integrity Project v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-1282 (D.C. Cir. 2017).
Eighth Circuit Finds Fracking Waste Likely Migrated to Plaintiffs’ Property—Case Suitable for Jury Determination81
Robbie Hill, et al. v. Southwestern Energy Company, ___F.3d___, Case No. 15-3458 (8th Cir. May 22, 2017).
RECENT STATE DECISIONS
California Court of Appeal Finds Action for Administrative Relief against Regional Air District Can Be Pursued under the California Environmental Quality Act83
Friends of Outlet Creek v. Mendocino County Air Quality Management District et al., ___Cal.App.5th___, Case No. A148508 (1st Dist. May 25, 2017).
