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Environmental, Energy and Climate Change Law & Regulation Reporter


U.S. Army War College Report Analyzes Challenges the Army Caused by the Environmental Impacts of Climate Change28

Pacific Gas and Electric Announces Settlement Agreement with Wildfire Victims, But Has More Work to Do29


EPA Memorandum Finds Physical Proximity, Not Functional Relationship, Relevant to ‘Adjacent’ Pollutant-Emitting Activities under the Clean Air Act32

California Department of Water Resources Issues Draft Environmental Impact Report for State Water Project Operations33

In Aid of Endangered Salmonids, Oregon Environmental Quality Commission Proposes Temporary Modification to Total Dissolved Gas Standard for Mainstem Columbia River35


Recent Investigations, Settlements, Penalties and Sanctions37


Circuit Court of Appeals:

D.C. Circuit Holds Marked Increase in EPA Renewable Fuel Standard Exemptions Issued Is Not Subject to Judicial Review as a ‘Final Agency


Advanced Biofuels Association v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 18-1115 (D.C. Cir. Nov. 12, 2019).

District Court:

District Court Affirms Maryland’s Clean Water Act Section 303d Integrated Report44

Blue Water Baltimore v. Wheeler, ___F.Supp.3d___, Case No. 16-452 (D.C. Dist. Dec. 2, 2019).


California Court of Appeal Finds State Department of Transportation’s Environmental Analysis for Highway Project Adequate46

Jamulians Against the Casino v. The California Department of Transportation, Unpub., Case No. C086184 (3rd Dist. Dec. 3, 2019).

Florida Supreme Court Determines that Personal Injury Damages Are Recoverable under the State’s Water Quality Act47

Charles L. Lieupo v. Simon’s Trucking, Inc., Case No. SC18-567; 44 Fla. L. Weekly S 298 (Fl. Dec. 19, 2019).

Exxon Prevails at Trial, but Its Struggles against Climate Change Lawsuits Harkens a New Era of Public Nuisance Claims49

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 State Court Grants Temporary Restraining Order Preventing Construction of Private Border Wall50

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