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Environmental, Energy and Climate Change Law & Regulation Reporter

January 2019

Volume 11, Number 8 January 2019

FEATURE ARTICLE

The Ebb and Flow of the Federal Clean Water Act—EPA Releases New

Proposed ‘Waters of the United States’ Rule Defining the Scope of the Act by John Sittler, Esq. and Paul Noto, Esq., Patrick, Miller & Noto, Aspen,

Colorado219

CLIMATE CHANGE NEWS

Royal Dutch Shell to Link Carbon Footprint Targets to Executive Compensation224

Public Health Report Provides Climate Change Impacts Warnings and Hope for the Future226

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change228

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions231

REGULATORY DEVELOPMENTS

Independent System Operators and Regional Transmission Organizations Submit Energy Storage Compliance Plans to FERC ahead of Party Comments234

California Public Utilities Commission Issues Decision Adjusting Calculation Methodology for Exit Fees Charged to Customers—Rehearing

Sought235

LEGISLATIVE DEVELOPMENTS

District of Columbia Moves Toward One Hundred Percent Renewables by 2032 with ‘Clean Energy Omnibus Amendment Act’237

California Legislature Passes New Greenhouse Gas Standards for Uber, Lyft and Other Ride-Sharing Platforms238

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

D.C. Circuit Assigns to Judicial Merits Panel, Motions in California’s Fight against Trump Administration’s Rollback of Greenhouse Gas Emission Standards240

California v. U.S. Environmental Protection Agency, Case No. 18-1114 (D.C. Cir. Nov. 21, 2018).

District Court:

District Court Confirms the Rights of Citizens to Compel the Enforcement of the Clean Air Act When EPA Does Not Act242

Committee for a Better Avrin v. Andrew Wheeler, ___F.Supp.3d___, Case No. 4:18-cv-05700 (N.D. Cal. Oct. 24, 2018).

District Court Concludes Federal Agencies’ Environmental Assessment of Coastal ‘Fracking’ Violated the ESA and Coastal Zone Act245

Environmental Defense Center v. U.S. Bureau of Ocean Energy Management, ___F.Supp.3d___, Case No. CV168418PSGFFMX (C.D. Cal. Nov. 9, 2018).