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Environmental, Energy and Climate Change Law & Regulation Reporter

June 2018

Volume 11, Number 2 June 2018


California Municipalities’ Nuisance Cases Against Oil and Gas Producers Remanded to State Court35

California Leads Lawsuit against EPA for Proposed Rollback of Vehicle Emissions Standards For Light-Duty Vehicles36


Bills in the California Legislature Relating to Climate Change38

Connecticut Passes New Climate Change Legislation41


Recent Scientific Studies on Climate Change43


California State Water Resources Control Board Adopts Regulations

Governing Use of Recycled Water for Surface Water Augmentation46

California Water Commission Announces Final Public Benefit Ratios for Proposed Water Storage Projects47


Recent Investigations, Settlements, Penalties, and Sanctions49


Ninth Circuit Holds that Extinction-Level Threat to Listed Species Is Not Required Before an Injunction Can Issue under the ESA51

National Wildlife Federation v. National Marine Fisheries Service, ___F.3d___, Case No. 17-35462 (9th Cir. Apr. 2, 2018).

Second Circuit Holds State Agency Waived Its Authority to Provide Water Certification under the CWA for a Natural Gas Pipeline53

New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission, ___F.3d___, Case No. 17-3770-ag (2nd Cir. Mar. 12, 2018).

District Court Rejects Exxon Mobile Corporation’s Constitutional Claims against New York and Massachusetts Attorneys’ General55

Exxon Mobil Corporation v. Schneiderman, ___F.Supp.3d___, Case No. 17-CV-2301 (VEC) (S.D. N.Y. Mar. 29, 2018).

District Court finds the Clean Air Act Preempts Lawsuits Filed By Counties Alleging Volkswagen Violated State and Local Emission Laws with Diesel Emission Manipulation56

In re: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, ___F.Supp.3d___, Case MDL No. 2672 CRB (JSC) (N.D. Cal. Apr. 16, 2018).

District Court Addresses NEPA Claims Regarding Resource Management Plans for Coal Development in Powder River Basin58

Western Organization of Resource Councils v. U.S. Bureau of Land Management, ___F.Supp.3d___, Case No. 4:16-cv-00021 (D. Mt. Mar. 26, 2018).