Environmental, Energy and Climate Change Law & Regulation Reporter
January 2018
Volume 10, Number 8
January 2018
CLIMATE CHANGE NEWS
U.S. Global Change Research Program Releases Climate Science
Report215
States and Cities Attempt to Step into Vacuum Left by United States Withdrawal from the 2015 Paris Accord216
California Funding and Programs to Address Greenhouse Gas Emissions from State Wildfires218
CLIMATE CHANGE SCIENCE
Recent Scientific Studies on Climate Change220
REGULATORY DEVELOPMENTS
Federal Agencies to Defer the Applicability of the 2015 ‘Waters Of The United States’ Rule222
California State Water Resources Control Board Proposes First-Ever Permanent Water Conservation Regulations223
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties, and Sanctions226
LAWSUITS FILED OR PENDING
Lawsuit Alleges Federal Rollback of Climate Change Regulations and Practices Violates Due Process Clause of the Fifth Amendment and the Public Trust Doctrine229
JUDICIAL DEVELOPMENTS
Federal:
District Court Finds City’s Property Interest in Its Stormwater Management Systems Allow it to Pursue a Public Nuisance Claim231
City of San Diego v. Monsanto Company, ___F.Supp.3d___, Case No. 15cv578-WQH-AGS (S.D. Cal. Nov. 22, 2017).
U.S. Bankruptcy Court Finds Purchasers of Covered Entities under the California Air Resources Board’s ‘Cap-and-Trade Program’ Do Not Assume Successor Liability233
In re La Paloma Generating Company, et al., Case No 16-12700 (Bnkr. D. Del. 2017).
State:
California Court of Appeal Affirms Use of Older Environmental Baseline and Use of Cap-and-Trade Program to Mitigate GHG Emissions but Reverses on Disclosure of Certain Impacts235
Association of Irritated Residents v. Kern County Board of Supervisors, ___Cal.App.5th___, Case No. F073892 (Partially Published, 5th Dist. Nov. 21, 2017).
California Court of Appeal Issues Decision in Public Nuisance Case Alleging Cause of Actions for Sea-Level Rise Relating to Climate Change237
People v. ConAgra Grocery Products Co., 17 Cal.App.5th 51 (6th Dist. 2017).
California Court of Appeal Finds Lead Agency Must Identify Preferred Alternative in Draft EIR—Equal Analyses of Five Project Alternatives Did Not Provide ‘Finite Project’ for CEQA238
Washoe Meadows Community v. Department of Parks and Recreation, 17 Cal.App.5th 277 (1st Dist. 2017).
