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Monthly Climate Change Briefing: October 2017


October 16, 2017



Staying on top of the legal and policy developments in the climate change arena is no small task. As a special service to our members, the Environmental Law Institute provides a series of monthly conference calls with national experts on climate law and policy to keep you up to date and to answer your questions.


Topics addressed in this month's call:

  • Proposal to repeal the Clean Power Plan.
  • Wildearth Guardians v. BLM (10th Cir.) -- BLM issuance of coal leases must consider downstream GHG.
  • Conservation Law Foundation v. Exxon (D.Mass.) -- Allowed suit to proceed regarding tank farm's preparedness for major weather events, but not preparations for conditions in 2050 or 2100.
  • Foster v. Washington Dept. of Ecology (Wash.Ct.App.) -- Reversal of trial court order requiring state agency to set GHG standards.
  • People of State of California v. BP (Cal.Super.Ct.) -- Common law nuisance claims filed against several oil companies by San Francisco and Oakland, seeking funds to sea wall, etc. construction.
  • California Gov. Brown announced the official linkage of Ontario with the state’s cap-and-trade system. Ontario joins fellow Canadian province Quebec in linking to the California system.
  • The U.S. Climate Alliance released a report that participating states are on track to meeting their portion of the U.S. NDC to the Paris Agreement.
  • At the first meeting of National Governor Association Chair Nevada Gov. Sandoval’s Ahead of the Curve: Innovation Governors initiative, Colorado Gov. Hickenlooper announced that seven states will work together to create a Regional Electric Vehicle Plan for the West. The states, CO, ID, MT, NV, NM, UT, and WY, will work together to build an electric vehicle corridor.
  • Rhode Island took actions to enhance climate preparedness in the state, with legislation passed that will require local planning board and commission members receive climate impacts training, and an executive order that requires the creation of a new climate action plan.
  • The California legislature passed several bills relating to financing and new programs for more resilient infrastructure and natural systems, and improved flood risk reduction.
  • Alaska's Governor Walker in September appointed a state senior climate change adviser, a new executive position, and in early October Lt. Governor Mallott hosted a roundtable of leaders from local government, Native villages, industry, and others to discuss next steps for developing a climate change plan.

Vicki Arroyo, Executive Director, Climate Center, Georgetown University
Michael B. Gerrard, Professor, Columbia Law School; Director, Sabin Center for Climate Change Law
Robert Sussman, Principal, Sussman & Associates

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ELI Monthly Climate Briefings are made possible by the
generous support of our institutional members.

NOTE: This call/recording is for ELI members only. No comments may be quoted
or used without the express written permission of ELI and the panelist.