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Environmental, Energy and Climate Change Law & Regulation Reporter

November 2019

Volume 12, Number 5 November 2019

CLIMATE CHANGE NEWS

President Trump’s Idea to Buy Greenland Shines a Light on Climate Change’s Potential to Impact Overseas Military Operations155

California’s Environmental Battle against the Trump Administration

Rages on Amidst Clash between the Federal and State Environmental Protection Agencies156

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change158

REGULATORY DEVELOPMENTS

Obama Administration-Era Clean Water Rule Repealed, Additional Changes to Waters of the United States Definition in Store161

Federal Energy Regulatory Commission Adopts Rulemaking to Overhaul Public Utilities Regulatory Policies Act of 1987162

California Department of Transportation Publishes Climate Change Vulnerability Assessments for Several of Its Districts164

California Public Utilities Commission Hosts Workshop to Evaluate Autonomous Vehicle Pilots166

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions168

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Holds ‘Anti-Backsliding’ Provision in Energy Conservation Law Requires Department of Energy to Submit Obama-Era Regulations for Final Publication171

National Resources Defense Council v. Perry, ___F.3d___, Case No. 18-15380 (9th Cir. Oct. 10, 2019).

D.C. Circuit Holds EPA is Required to Set Clean Air Act Emission Reduction Deadlines for Upwind States173

State of Wisconsin et al. v. U.S. Environmental Protection Agency, et al., 938 F.3d 303 (D.C. Cir. 2019).

State:

California’ Fourth District Court Upholds Conditions Imposed by California Coastal Commission on Coastal Development Permit174

Lindstrom v. California Coastal Commission, ___Cal.App.5th___, Case No. D074132 (4th Dist. Sept. 19, 2019).

California’s Fifth District Court Finds CEQA Challenge to Hydroelectric Dam Relicensing Process is Preempted by Federal Power Act176

County of Butte v. Department of Water Resources, 39 Cal.App.5th 708 (5th Dist. 2019).