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Environmental, Energy and Climate Change Law & Regulation Reporter

March 2019

Volume 11, Number 10 March 2019

FEATURE ARTICLE

California Water Commoditized?—A New Pricing Index Emerges on the NASDAQ by Derek Hoffman, Esq. and Michael Duane Davis, Esq., Gresham|Savage, San Bernardino, California283

CLIMATE CHANGE NEWS

Proposed Utah-Colorado Water Transfer Pipeline Project Revived under New Terms288

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change290

REGULATORY DEVELOPMENTS

EPA Reverses Previous Findings Relating to the Regulation of Coal- and Oil-Fired Power Plants under Clean Air Act, Section 112293

Department of Defense Issues January 2019 Climate Vulnerability Report Highlighting Impacts to the Military Infrastructure295

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PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions299

LAWSUITS FILED OR PENDING

U.S. Supreme Court Rejects Petition to Review Exxon’s Personal Jurisdiction Challenge to Massachusetts Climate Change Investigation302

U.S. Supreme Court Declines to Hear Case on California’s Diesel Truck Filter Regulation303

JUDICIAL DEVELOPMENTS

Federal:

D.C. Circuit Upholds FERC Decision Not to Include Greenhouse Gas Emissions in Project Environmental Analysis306

Appalachian Voices, et al., v. Federal Energy Regulatory Commission, unpub., Case No. 17-1271 (D.C. Cir. Feb. 19, 2019).

For a Second Time, Ninth Circuit Rules in Favor of California’s Low Carbon Fuel Standard307

Rocky Mountain Farmers Union v. Corey, 913 F.3d 940 (9th Cir. 2019).

State:

California Superior Court Upholds Environmental Review for Poseidon Desalination Project308

California Coastkeeper et al v. California State Lands Commission, (Sac. Super. Ct. Case 2019).