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Environmental, Energy and Climate Change Law & Regulation Reporter

May 2020

Volume 12, Number 11 May 2020

CLIMATE CHANGE NEWS

U.S. Geological Survey Releases Study Suggesting Colorado River Streamflow Reductions Are Associated with Atmospheric Warming319

Southern Nevada Water Authority Does Not Appeal Denial of Groundwater Pipeline Applications for Climate-Parched Las Vegas320

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change322

REGULATORY DEVELOPMENTS

U.S. Bureau of Reclamation Releases Klamath River Project Interim Plan, Which Provides Additional Water for Endangered Species325

California Department of Water Resources Reports Groundwater Levels Rebounding, But Not Yet at Pre-Drought Conditions327

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions329

JUDICIAL DEVELOPMENTS

Federal:

D.C. Circuit Holds Clean Air Act Rulemaking Reconsideration Petition Is Proper Where Final Rule Was Not a ‘Logical Outgrowth of Proposed

Rule’334

Chesapeake Climate Action Network v. U.S. Environmental Protection Agency, 952 F.3d 310 (D.C. Cir. Mar. 13, 2020).

Ninth Circuit Makes Clear that the Administrative ‘Finality’ Requirement under Williamson County for Federal Land Use Takings Claims Remains Intact336

Pakdel v City and County of San Francisco, 952 F.3d 1157 (9th Cir. 2020).

Allegations of RICO Violations in ‘Clean Diesel’ Litigation Survive Motion to Dismiss at the District Court338

Albers v. Mercedes-Benz USA, LLC, et al., ___F.Supp.3d___, Case No. 16-881 (D. N.J. Mar. 25, 2020).

State:

Protecting Sensitive Coast Lines: California Court Upholds Coastal Commission’s Certification of a

Local Coastal Program340

Mountainlands Conservancy, LLC v. California Coastal Commission, ___Cal.App.5th___, Case No. B287079 (2nd Dist. Apr. 1, 2020).