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Environmental, Energy and Climate Change Law & Regulation Reporter

October 2017

Volume 10, Number 5 October 2017

FEATURE ARTICLE

California Extends Its Cap-And-Trade Program beyond 2020 to 2030 by Kristin Garcia, Esq., Jackson Tidus, Irvine, California119

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change123

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions126

REGULATORY DEVELOPMENTS

EPA Reconsiders Greenhouse Gas Emission Standards for Light-Duty Vehicles and Requests Comments on Standards for Model Year 2021 and 2022-2025 Vehicles129

Massachusetts Issues New Regulations to Reduce Greenhouse Gas-

es130

LAWSUITS FILED OR PENDING

Two San Francisco Bay Area Cities Sue ‘Big Oil’ Companies over Climate Change133

RECENT FEDERAL DECISIONS

Court of Appeals:

Ninth Circuit Upholds FAA’s Finding of No Significant Impact for a New General Aviation Airport Runway with Air and Traffic Impacts135

Barnes et al. v. Federal Aviation Administration, ___F.3d___, Case No. 14-71180 (9th Cir. Aug. 3, 2017).

D.C. Circuit Finds EPA Lacks Clean Air Act Authority to Order Replacement of Previously-Approved Substitutes for Ozone-Depleting Substance-

s137

Mexichem Fluor, Inc. v. U.S. Environmental Protection Agency, 866 F.3d 451 (D.C. Cir. 2017).

Clean Air Act Citizen Suit Settlement Confirmed by Ninth Circuit, Forcing EPA to Promulgate Ambient Air Quality Standards139

Sierra Club et al. v. Scott Pruitt, ___F.3d___, Case No. 15-15894 (9th Cir. Aug. 28, 2017).

Fifth Circuit Denies EPA’s Venue Motion Stating that Texas’ Clean Air Act Challenges Only Had ‘Regional Applicability’141

Texas. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 17-60088, (5th Cir. Aug. 25, 2017) (per curiam).

Ninth Circuit Holds U.S. Forest Service Did Not Violate NEPA or Forest Management Act in Developing Parking Areas in National Forest143

Wild Wilderness v. Allen, ___F.3d___, Case No. 14-35505, (9th Cir. Sept. 8, 2017).

RECENT STATE DECISIONS

California Court of Appeal Finds City Not Required to Consider Compliance with the Subdivision Map Act prior to Certifying CEQA Document145

Save Laurel Way, v. City of Redwood City, ___Cal.App.5th___, Case No. A147942 (1st Dist. Aug. 29, 2017).