Environmental, Energy and Climate Change Law & Regulation Reporter

CLIMATE CHANGE NEWS

Carbon Neutrality Goals May Present the Future of Climate Change

Policy3

Congestion Pricing May Change the Way the United States Thinks about Land Use Transportation Impacts4

2019 Annual Report of California’s Cap-and-Trade Program Expend-

itures6

California’s Metropolitan Water District to Supply Water Instead of the Imperial Irrigation District to Finish the Colorado River Drought Plan8

A Wet Winter in California Is No Guarantee of a Mild Wildfire Season to Follow10

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change12

LEGISLATIVE DEVELOPMENTS

California Legislation Proposes Changes to Management of the State’s Marine and Coastal Resources15

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions17

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Fifth Circuit Declares Certain EPA ‘BAT’ Wastestream Limitation Guidelines for Fossil Fuel Electric Plants to Be Unlawful20

Southwestern Electric Power Co. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 15- 60821 (5th Cir. Apr. 12, 2019).

District Court:

District Court Rules EPA Acted Arbitrarily and Capriciously in Refusing to Regulate Certain Stormwater Discharges22

Blue Water Baltimore, Inc. v. Wheeler, ___F.Supp.3d___, Case No. GLR-17-1253 (D. Md. Mar. 22, 2019).

District Court Denies States’ Request for Preliminary Injunction in Challenge to Clean Water

Rule24

Ohio v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 2:15-CV-2467 (S.D. Ohio Mar. 26, 2019).

RECENT STATE DECISIONS

California Court of Appeal Refuses to Broaden Notice Requirements for LED Lights Project that Is Categorically Exempt from CEQA25

Turn Down The Lights v. City of Monterey, Unpub., Case Nos. H044656 & H045556 (6th Dist. Feb. 28, 2019).

California Jury Links Weed Killer to Cancer and Awards $80 Million in Damages27