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Environmental, Energy and Climate Change Law & Regulation Reporter

November 2018

Volume 11, Number 6 November 2018

FEATURE ARTICLE

The Intergovernmental Panel on Climate Change Special Report: Global Warming of 1.5°C is a Crucial New Benchmark by Dr. David T. Kim, Shaena B. Ulissi, Malini Nambiar and Libby Koolik, Ramboll, San Francisco, California159

CLIMATE CHANGE NEWS

The Future is in Renewables in Arizona: The Impact of the Anticipated Navajo Power Generating Station’s 2019 Closure164

LEGISLATIVE DEVELOPMENTS

U.S. Senate Bill Seeks to Mandate Public Companies’ Climate Risk Disclosures166

New California Law Requires Public Retirement Systems to Consider

Climate-Related Financial Risk167

California Governor Brown Signs into Law SB 700 which Extends Energy Storage Program Subsidy Through 2025168

REGULATORY DEVELOPMENTS

IPCC Issues Special Report Cautioning Against the Impact of Global Warming above 1.5 Degrees Celsius170

New Proposed Rule and Pending Supreme Court Case Have Potential to Limit Designation of Unoccupied Areas as Critical Habitat under Federal Endangered Species Act171

California Amends Vehicle Emissions Regulations in Response to Trump Administration’s Proposed Rollback of Federal Standards173

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions175

JUDICIAL DEVELOPMENTS

Federal:

Deepening a Circuit Split, Tenth Circuit Holds Six-Year Statute of Limitations Applied to Many Federal Environmental Statutes Is Subject to Equitable Tolling179

Chance v. Zinke, 898 F.3d 1025 (10th Cir. 2018).

Ninth Circuit Finds EPA Properly Approved Montana’s 2015 State Implementation Plan181

Montana Environmental Information Center v. Thomas, 902 F.3d 971 (9th Cir. 2018).

State:

California Court of Appeal Invalidates County’s CEQA Guidance for Greenhouse Gas Impacts. .183

Golden Door Properties, Inc. v. County of San Diego, ___Cal.App.5th___, Case No. D072406, (Cal.App. Sept. 28, 2018).

‘Necessity Defense” to Environmental Crimina Acts—Minnesota Court of Appeals Upholds Lower Court’s Ruling Allowing Use of that Def-

ense185

State of Minn. v. Klapstein, et al., Case Nos: A17-1649, 1650, 1651, 1652. Unpub. (Minn. App. 2018).