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Environmental, Energy and Climate Change Law & Regulation Reporter

March 2018

Volume 10, Number 10 March 2018

FEATURE ARTICLE

Climate Change and Water Supply in California by Wesley A. Miliband, Esq., Stoel Rives LLP, Sacramento, California275

CLIMATE CHANGE NEWS

Climate Change May Pose a Risk to Military Sites278

California Governor Jerry Brown’s New 5 Million Zero Emission Vehicles Goal279

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change282

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions284

REGULATORY DEVELOPMENTS

Can the U.S. Fish and Wildlife Service Designate Uninhabitable Areas as Critical Habitat’ of a Listed Species—Must Courts Defer to Its Interpretation of the ESA?288

California Natural Resources Agency Releases its Safeguarding California Plan: 2018 Update290

Proposed Updates to CEQA Guidelines Target Climate Change291

California Desalination Projects on Track to Receive Substantial Proposition 1 Grant Funding293

LEGISLATIVE DEVELOPMENTS

Proposed California Legislation Focuses on Cli-

mate Change Adaptation and Resiliency Strateg-

ies296

RECENT FEDERAL DECISIONS

Fifth Circuit Permits Case Removal of ‘Mass Actions’ under the Class Action Fairness Act for Claims of 100 or More Impacted Plaintiffs in Radioactive Material Operations298

Warren Lester, et al v. Exxon Mobile Corporation, ___F.3d___, Case No. 14-31383 (5th Cir. Jan. 9, 2018).

District Court Rejects EPA’s Request for Additional Time—beyond the Statutory 60 Days—to Complete Review of Clean Air Act Petition300

State of Connecticut, et al. v. Scott Pruitt and the U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 3:17cv796 (D. Conn. Feb. 7, 2018).

RECENT STATE DECISIONS

California Court of Appeal Finds Air Resources Board Violated CEQA and the APA in Adopting Truck and Bus Regulation Revisions301

John R. Lawson Rock & Oil, Inc. v. California State Air Resources Board, ___Cal.App.5th___, Case No. F074003 (5th Dist. Jan. 31, 2018).