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Environmental, Energy and Climate Change Law & Regulation Reporter

October 2013

Volume 6, Number 5 October 2013

FEATURE ARTICLE

D.C. Circuit Upholds EPA’s Assumption of Permitting Authority in States that Have Not Yet Begun Regulating Greenhouse Gases by Liz Rumsey, Esq. and Duke McCall, III, Esq., Bingham McCutchen, LLP131

CLIMATE CHANGE NEWS

Study Links Youngstown, Ohio Earthquakes to Oil and Gas Extraction

‘Fracking’135

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change137

REGULATORY DEVELOPMENTS

Safeway Enters Into Consent Decree with EPA under Clean Air Act—Commits to Reduce Refrigeration Equipment Emissions140

California’s Office of Environmental Health Hazard Assessment Releases Report Detailing Evidence of Climate Change Impacts on the State141

California Air Resources Board Conducts Fourth Auction of Carbon Credits as Part of Its Cap-and-Trade Program143

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions144

JUDICIAL DEVELOPMENTS

Federal:

D.C. Circuit Compels Nuclear Regulatory Commission to Resume Yucca Mountain Nuclear Waste Storage Licensing Proceedings146

In re Aiken County, ___F.3d___, Case No. 11-1271 (D.C. Cir. Aug. 13, 2013).

D.C. Circuit Remands ‘Novel’ EPA Air Toxics Rule for Further Explanation148

National Association of Clean Water Agencies v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 11-1131 (D.C. Cir. Aug. 20, 2013).

State:

California Supreme Court Addresses Use of Future Baselines in Assessing Impacts, Mitigation and Project Alternatives under CEQA150

Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, 57 Cal.4th 439 (Cal. 2013).

California Court of Appeal Finds Air District’s Adoption of Significance Thresholds for GHG Emissions Is Not a ‘Project’ Requiring Environmental Review under CEQA152

California Building Industry Association v. Bay Area Air Quality Management District, 218 Cal.App.4th 1171 (1st Dist. 2013).

California Court of Appeal Provides New Take on Evaluating Climate Change Impacts under

CEQA154

Friends of Oroville v. City of Oroville, 218 Cal.App. 4th 1352 (3rd Dist. 2013).