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

February 2013

Volume 5, Number 9 February 2013

CLIMATE CHANGE NEWS

The U.S. Supreme Court Agrees to Hear Case Concerning the Ability of the Port of Los Angeles to Continue its Clean Truck Program255

LEGISLATIVE DEVELOPMENTS

Summary Coverage of State Climate Change-Related Bills257

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change259

REGULATORY DEVELOPMENTS

U.S. Environmental Protection Agency Issues Final Rule Strengthening Fine Particulate Matter Standard262

EPA Provides Progress Report for Ongoing Study of Hydraulic Fracturing’s Impacts on Drinking Water263

NOAA Issues Proposal to List 66 Coral Species under the Endangered Species Act—Ocean Temperature Rise and Acidification Implicated265

California Releases Draft Hydraulic Fracture Mining Regulations266

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions268

LAWSUITS FILED OR PENDING

Colorado Oil and Gas Industry Sues City of Longmont over Their Voter-Approved Hydraulic Fracturing Ban270

JUDICIAL DEVELOPMENTS

U.S. Supreme Court:

U.S. Supreme Court Holds that Temporary or Recurrent Flooding Is Not Categorically Exempt from Constitutional Takings Clause Liability272

Arkansas Game and Fish Commission v. U.S., Case No. 11-597, 568 U.S. ______ (U.S. 2012).

Circuit Court of Appeals:

Second Circuit Finds Continuing-Coverage Provision in Insurance Policies Obligates Excess Insurer to Indemnify Insured for 21 Years of Contamina-

tion274

Olin Corp. v. American Home Assurance Co., ___F.3d___, Case No. 11-4055-CV (2nd Cir. Dec. 19, 2012).

Ninth Circuit Defers to EPA Environmental Appeals Board’s Construction of the Scope of the Clean Air Act’s Reach to the Outer Continental Shelf276

Resisting Environmental Destruction On Indigenous Lands v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-70518, (9th Cir. Dec. 26, 2012).