Environmental, Energy and Climate Change Law & Regulation Reporter
November 2017
Volume 10, Number 6
November 2017
FEATURE ARTICLE
151
LEGISLATIVE DEVELOPMENTS
Senate Bill 150—California Takes Steps to Address the Land Use-Transportation Challenge in Reducing Greenhouse Gas Emissions156
CLIMATE CHANGE SCIENCE
Recent Scientific Studies on Climate Change158
REGULATORY DEVELOPMENTS
Federal Highway Administration Agrees to Lift Suspension of Greenhouse Gas Rule for National Highway System—Then Promptly Announces Plan to Repeal the Rule160
U.S. Fish and Wildlife Service Completes Reinitiated Consultation on the 2008 Delta Smelt Biological Opinion and Associated Incidental Take for California’s 2017 Water Year161
Arizona Considers Augmenting its Drinking Water Supply Using Reclaimed Water163
California’s Proposed Pipeline Regulations Impose New Safety Measures for
Pipeline Leaks164
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties, and Sanctions166
JUDICIAL DEVELOPMENTS
Federal:
Ninth Circuit Upholds Fish and Wildlife Service Determination that Desert Eagles Are Not a ‘Distinct Population Segment’ for ESA Listing169
Center for Biological Diversity v. Zinke, ___F.3d___, Case No. 14-17513 (9th Cir. Aug. 28, 2017).
Tenth Circuit Rejects EPA’s Decision on Application for Exemption from Renewable Fuel Standards—Splits with Eighth and D.C. Circuits170
Sinclair Wyoming Refining Co. v. U.S. Environmental Protection Agency, 867 F.3d 1211 (10th Cir. 2017).
Tenth Circuit Strikes Down GHG Emissions Analysis Completed by Bureau of Land Management for Major Coal Leases in Wyoming173
Wild Earth Guardians, et al. v. U.S. Bureau of Land Management, 870 F.3d 1222 (10th Cir. Sep. 2017).
District Court Issues Mixed Ruling Regarding Ongoing Dispute between the City of Portland and Monsanto Regarding PCBs and Polluted Water Supply176
City of Portland v. Monsanto Company, ___F.Supp.3d___, Case No. 3:16-cv-01418-PK, (D. Or. Sept. 22, 2017).
State:
California Court of Appeal Upholds State Water Board’s Substitute Environmental Document for Maintaining Instream Flows in Northern California Coastal Streams177
Living Rivers Council v. State Water Resources Control Board, ___Cal.App.5th___, Case No. A148400 (1st Dist. Sept. 28, 2017; modified Oct 17, 2017).
