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Environmental, Energy and Climate Change Law & Regulation Reporter

May 2014

Volume 7, Number 1 May 2014

CLIMATE CHANGE NEWS

IPCC Report Casts Dire Predictions for the Future as a Result of Climate Change3

Drought and Subsidence Draw Attention to the Growing Need to Better Manage California’s Groundwater Supply4

Exxon Sees Little Risk to Business from Climate Change7

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change9

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions12

REGULATORY DEVELOPMENTS

EPA Releases Tier 3 Regulations Establishing Stricter Emissions Standards for Cars and Trucks15

EPA’s Environmental Appeals Board Rejects Challenge to Clean Air Act Greenhouse Gas BACT Determinations16

New California Climate Credit Program Will Reduce Some Californians’ Utility Bills19

LAWSUITS FILED OR PENDING

Texas Appeals Court Refuses to Dismiss Takings Claim Resulting from Landfill Related Flooding21

JUDICIAL DEVELOPMENTS

Federal:

District Court Finds that Kentucky Distillery Is Subject to State Law Air Quality Claims Despite Being in Compliance with the Federal Clean Air

Act23

Merrick v. Diageo Americas Supply, Inc., ___F.Supp.2d___, Case No. 3:12- CV-334-CRS (W.D. Ky. Mar. 19, 2014).

District Court Adopts ‘Majority Rule’ that Failure to Obtain a Clean Air Act PSD Permit Is a One-Time Violation24

Sierra Club v. Oklahoma Gas and Electric Company, ___F.Supp.2d___, Case No. 13-CV-356-JHP (E.D. Okl. Mar. 4, 2014)

State:

California Court of Appeal Finds City’s Reliance on California Building Code and ‘Green Building Standards’ Did Not Obviate CEQA Requirements for Energy Impacts26

Center for Biological Diversity v. California Department of Fish and Wildlife, ___CalApp.4th___, Case No. (Cal.App. Mar. 20, 2014).

Supreme Court of Wyoming Reverses and Remands Decision Refusing to Require Disclosure of ‘Fracking’ Chemicals29

Powder River Basin Resource Council v. Wyoming Oil and Gas Conservation Commission, 320 P.3d 222 (Wy. Mar. 12, 2014).