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Climate Change Law & Policy Reporter

January 2020

Volume 12, Number 7 January 2020

CLIMATE CHANGE NEWS

United Nations Report Signals that Ambitious Climate Action Is Needed to Reach Long-Term Goals207

U.S. Army War College Report Analyzes Challenges to Army by Climate Change208

Multi-State Hydroelectric Project Seeks Water from Heavily Litigated Walker River Basin—Part of Project Will Use Renewable Energy Sources210

California Governor Newsom Aims to Use Pension and Road Funds to Fight Climate Change212

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change214

REGULATORY DEVELOPMENTS

EPA Memorandum Finds Physical Proximity, Not Functional Relationship, Relevant to ‘Adjacent’ Pollutant-Emitting Activities under the Clean Air Act217

In Aid of Endangered Salmonids, Oregon Environmental Quality Commission Proposes Temporary Modification to Total Dissolved Gas Standard for Mainstem Columbia River218

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions220

LAWSUITS FILED OR PENDING

Pacific Gas and Electric Announces Settlement Agreement with Wildfire Victims, but Has More Work to Do222

JUDICIAL DEVELOPMENTS

State:

California Court of Appeal Upholds City’s Environmental Impact Report Including Traffic and Greenhouse Gas Analyses224

Citizens for Positive Growth & Preservation v. City of Sacramento, ___Cal.App.5th___, Case No. C086345 (3rd Dist. Dec. 18, 2019).

Exxon Prevails at Trial, but Struggles against

Climate Change Lawsuits, which Harken a New Era of Public Nuisance Claims226

People of the State of New York v. Exxon Mobil Corporation, Case No. 452044/2018 (N.Y. Supr. Ct., N.Y. County, Dec. 10, 2019).

Texas Court Grants Temporary Restraining Order Preventing Construction of Private Border

Wall227

North American Butterfly Association v. Neuhaus & Sons, LLC, Case No. C-5049-19-I (Tex. Dist. Ct. Dec. 3, 2019).