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Environmental, Energy and Climate Change Law & Regulation Reporter


California Looks to Housing and Land Use Policy to Play an Ever-Increasing Role in Statewide Greenhouse Gas Reduction Strategy63


Secretary of the Interior Issues Order to Protect California from the Effects of Drought and Climate Change65

Massachusetts Department of Environmental Protection Releases Draft Greenhouse Gas Emissions Regulations67


Recent Investigations, Settlements, Penalties and Sanctions69


California Sues Federal Agencies Alleging Inadequate Environmental Assessment of Offshore Fracking, Following Two Other Lawsuits72


Circuit Court of Appeals:

Climate Scientist’s Defamation Claims Survive Early Dismissal Motion at the D.C. Circuit Based on Anti-Slapp Statute74

Competitive Enterprise Institute v. Mann, ___F.3d___, Case No. 14-CV-101 (D.C. Cir. Dec. 22, 2016).

Ninth Circuit Finds U.S. Bureau of Land Management’s Analysis of Molybdenum Mine Violates NEPA77

Great Basin Resource Watch v. Bureau of Land Management, ___F.3d___, Case No. 14-16812 (9th Cir. Dec. 28, 2016).

Ninth Circuit Affirms EPA’s Approval of a PSD Clean Air Act Permit for Biomass-Burning Power Plant at Lumbar Mill78

Helping Hand Tools, et al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-72553 (9th Cir. 2016).

D.C. Circuit Rejects Challenge to EPA’s 2010 Decision under the Renewable Fuel Standard Program/Clean Air Act Allowing Biofuel Producers to Use Certain Recordkeeping Practices80

National Biodiesel Board v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 15-1072 (D.C. Cir. Dec. 20. 2016).

Fifth Circuit Rejects Employee’s Contention That Employer’s Unassessed Penalty under TSCA Constitutes an Obligation Subject to a Reverse-False Claim Act Claim82

U.S. ex rel. Simoneaux v. E.I. DuPont de Nemours & Co., ___F.3d___, Case No. 16-30141 (5th Cir. Dec. 14, 2016).

District Court:

District Court Finds EPA’s Approval of Rhode Island’s Clean Water Act TMDL Did Not Constitute a Determination of Stormwater Discharges83

Conservation Law Foundation v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 15-165-ML (D. RI Dec. 13, 2016).

District Court Finds Mississippi Numerical Water Quality Standards Are Not Compelled by the Clean Water Act85

Gulf Restoration Network v Jackson, ___F.Supp.3d___, Case No. 12-677 (E.D. La. Dec 15, 2016).

District Court Limits Plaintiffs Availability to Use the Resource Conservation and Recovery Act as a Basis for Toxic Tort Relief87

Hollingsworth, et al. v. Hercules, Inc., ___F.Supp.3d___, Case No. 2:15-CV-113-KS-MTP (S.D. Miss. Dec. 22, 2016).