CLIMATE CHANGE NEWS
U.S. Inspector General’s Report Criticizes EPA’s Oil and Natural Gas Air Emissions Data Collection315
California Air Resources Board Conducts Second Auction of Carbon Credits as Part of its Cap-and-Trade Program317
CLIMATE CHANGE SCIENCE
Recent Scientific Studies on Climate Change318
REGULATORY DEVELOPMENTS
U.S. Department of Defense Addresses Climate Change through Adaptation Roadmap321
U.S. Department of Agriculture Report Highlights How Climate Change Impacts Present New Challenges to Agriculture322
U.S. Fish and Wildlife Service Announces Five-Year Plan to List Hundreds of New Endangered Species under Federal ESA324
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties, and Sanctions326
JUDICIAL DEVELOPMENTS
Federal:
Federal Circuit Upholds Dismissal of Water District’s Takings Claim Seeking Compensation for Water Diverted for the Protection of Steelhead328
Casitas Municipal Water District v. U.S., ___F.3d___, Case No. 2012–5033 (Fed. Cir. Feb. 27, 2013).
Eleventh Circuit Finds Producer of Recovered Material Not Liable under RCRA even though the Material Was Not Ultimately Recycled330
Premier Associates, Inc. v. EXL Polymers, Inc., ___F.3d___, Case No. 12-10325 (11th Cir. Feb. 5, 2013).
District Court Dismisses Case of Alleged Exposure of Human Study Participants to Particulate Matter Air Pollution332
American Tradition Institute Environmental Law Center v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 1:12-cv-1066 (E.D. Va. Jan. 31, 2013).
State:
California Court of Appeal Determines to Publish Its Earlier Decision Upholding County’s Use of Project-Specific Significance Thresholds333
Save Cuyama Valley v. County of Santa Barbara, ___Cal.App.4th___, Case No. B233318 (2nd Dist. 2013).
Texas Supreme Court Invalidates Houston Air Quality Ordinance Due to State Preemption335
Southern Crushed Concrete, LLC v. City of Houston, Case No. 11-0270 (Tx. Feb. 15, 2013).
Texas Court of Appeals Allows Flood Damage Claims Based on Selection of Less-Protective Flood Protection Plan336
Harris County Flood Control District, et al. v. Kerr, et al., Case No. 01-11-00014 (Tex.App., 1st Dist. Mar. 7, 2013).
