Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Environmental, Energy and Climate Change Law & Regulation Reporter

December 2014

Volume 7, Number 7 December 2014

FEATURE ARTICLE

187

CLIMATE CHANGE NEWS

U.S. District Court Orders Sierra Club to Pay over $6 Million in Fees and Costs in Clean Air Act Case191

Pacific Legal Foundation Files Opening Brief in Its Appeal of the Decision Upholding California Air Resources Board’s Cap-and-Trade Auction Provisions192

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change194

REGULATORY DEVELOPMENTS

EPA Battles States over D.C. Circuit Petition to Rehear Challenge to Greenhouse Gas Regulations197

U.S. Fish and Wildlife Service Announces Final Restoration Plan for Salton Sea National Wildlife Refuges198

Pennsylvania Department of Environmental Protection Revises ‘RACT’ Final Rulemaking to Be More Protective of Air Quality200

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions202

JUDICIAL DEVELOPMENTS

Federal:

Federal Circuit Finds Industry Groups Lack Standing to Challenge Regulation Permitting U.S. Sales of Gasoline Blends Containing Up to Fifteen Percent Ethanol205

Alliance of Automobile Manufacturers, et. al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 11-1334 (D.C. Cir. Oct. 21, 2014).

Eleventh Circuit Finds CERCLA’s Discovery Rule Does Not Preempt State’s Statute of Repose, but Disallows Retroactive Application of State’s Amendments to Statute206

Bryant et al. v. U.S., 768 F.3d 1378 (11th Cir. Oct. 2014).

Tenth Circuit Upholds Regional Cap-And-Trade Program to Improve Visibility over the Grand Can-

yon208

WildEarth Guardians v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-9596 (10th Cir. Oct. 21, 2014).

State:

California Court of Appeal Finds San Diego County’s Climate Action Plan Is Inadequate210

Sierra Club v. County of San Diego, Unpub., Case No. D064243 (Cal.App. Oct. 29, 2014).