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Environmental, Energy and Climate Change Law & Regulation Reporter

April 2019

Volume 11, Number 11 April 2019


The California Offshore Wind Industry Report315

California WaterFix Update: Governor Newsom Calls for Single-Tunnel Project While Legislative Proposal Seeks to Increase Oversight317

Rivers and Dams—Los Angeles County Supervisors Urge Federal Government to Consider Handing Over Ownership and Opening Federal Funding Floodgate318


Federal ‘Green New Deal’ Legislation Introduced in the House of Representatives320

California Lawmakers Propose Several Sweeping Environmental Measures this Year on Single-Use Plastic, Wastewater Reuse, and More321

Early Climate Change-Related Bills Introduced in California’s 2019-2020 Legislative Session323


Recent Scientific Studies on Climate Change326


Recent Investigations, Settlements, Penalties, and Sanctions328



The Trump Administration Border Wall—Ninth Circuit Determines Illegal Immigration Act Allows for Waiver of Environmental Laws.330

Center for Biological Diversity et al. v. U.S. Department of Homeland Security et al., ___F.3d___, Case Nos. 158-55474; 18-55475; and 18-55476 (9th Cir. Feb 11, 2019).

District Court Holds that Federal Statutes Preempt Local Land Use Zoning Ordinance for Natural Gas Pipeline Project332

Algonquin Gas Transmission, LLC v. Town of Weymouth, ___F.Supp.3d___, Case No. CV 18-10871-DJC (D. Mass. Feb. 11, 2019).

District Court Dismisses Lawsuit Challenging Federal Rollback of Climate Change Regulations333

Clean Air Council, et al., v. United States, et al., Case No. 17-497, Dismissed Feb. 19 2019 (E.D. Penn).

District Court Grants Summary Judgment to U.S. Fish and Wildlife Service in Response to Texas’

Efforts to Delist Warbler from the ESA335

General Land Office of Texas v. U.S. Fish & Wildlife Service, ___F.Supp.3d___, Case No. 1:17-cv-00538-SS (W.D. Tex. Feb. 6, 2019).

District Court Rejects Motion to Restrain Enforcement of Illinois Attorney General’s ‘Seal Order’ Regarding Discharges of Ethylene Oxide337

Sterigenics U.S., L.L.C. v. Kim, ___F.Supp.3d___, Case No. 19-cv-01219 (N.D. Ill. Feb. 20, 2019).

District Court Finds BLM’s Failure to Quantify Greenhouse Gas Emissions Prior to Authorization of Oil and Gas Leases Violated NEPA339

WildEarth Guardians, et al. v. Zinke, et al., ___F.Supp.3d___, Case No. 16-1724 (D. D.C. Mar 19, 2019).