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Environmental, Energy and Climate Change Law & Regulation Reporter

August/September 2017

Volume 10, Number 4 August/September 2017

CLIMATE CHANGE NEWS

California Holds Most Successful Cap-and-Trade Auction in Its Five-Year History91

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change92

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions95

REGULATORY DEVELOPMENTS

U.S. Environmental Protection Agency Reverses Decision to Extend Air Quality Deadline after 15 States Sue98

LAWSUITS FILED OR PENDING

Youth Climate Change Lawsuit Is Paused Pending Ninth Circuit Review of DOJ Petition; Case May Be Booted before Trial100

D.C. Circuit Pauses Clean Power Plan Litigation for Two More

Months101

Litigation Rising with the Seas: California Communities Sue Oil Companies for ‘Knowingly Contributing’ to Climate Change102

Farm Groups’ Suit Requests to Set Aside Federal Rule Designating over 1.8 Million Acres of Critical Habitat103

RECENT FEDERAL DECISIONS

Court of Appeals:

D.C. Circuit Rejects EPA’s Use of Surrogates in Place of New Regulations of Hazardous Air Pollutants under the Clean Air Act106

Sierra Club and California Communities Against Toxics v. Environmental Protection Agency, 863 F.3d 834 (D.C. Cir. 2017).

District Court:

District Court Addresses United States Sovereign Immunity when Acting as Trustee for the Navajo Nation in the Context of CERCLA Liability108

El Paso Natural Gas Company LLC v. U.S., ___F.Supp.3d___, Case No. CV-14-08165-PCT-DGC (D. Az. June 2/Aug. 15, 2017).

RECENT STATE DECISIONS

California Supreme Court Reverses Court of Appeal—Upholds Greenhouse Gas Threshold Analysis in Regional Transportation Plan111

Cleveland National Forest Foundation v. San Diego Association of Governments ___Cal.5th___, Case No. S223603 (July 13, 2017).