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Environmental, Energy and Climate Change Law & Regulation Reporter

July 2011

Volume 4, Number 3 July 2011

CLIMATE CHANGE NEWS

Under Proposed Fourth Carbon Budget, Great Britain Must Reduce Greenhouse Gas Emissions by 50 Percent by 202567

California City Adopts Implementation Plans for Climate Change Adaptation Strategies69

Chicago’s Climate Action Plan Takes Shape71

Brookings Institute Releases Report Recommending Framework for Implementation of a National Clean Energy Standard72

CLIMATE CHANGE SCIENCE

Recent Scientific Studies of Climate Change74

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions77

REGULATORY DEVELOPMENTS

EPA Upholds Permit for Massachusetts Wind Farm79

EPA and NHTSA Jointly Release New Fuel Economy Labels81

Federal Agencies Come under Criticism for Management of Flood Insurance Program and Flood Control Decisions83

LAWSUITS FILED OR PENDING

Nine States File Suit Challenging EPA’s Greenhouse Gas Air Quality ‘Endangerment Finding’85

California Supreme Court Grants Review of City’s Plastic Bag Ban86

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Affirms that Regional Air Quality Regulations Setting Emissions Standards for Diesel Engines Are Not Preempted by the Clean Air

Act89

Jensen Family Farms, Inc. v. Monterey Bay Unified Air Pollution Control District, ___F.3d___, Case No. 09-16790 (9th Cir. May 27, 2011).

State:

California Court of Appeal Temporarily Stays Trial Court Order Enjoining Implementation of State Cap-and-Trade Regulations91

Association of Irritated Residents v. California Air Resources Board, Case No. CPF-09-509562 (San Francisco Sup. Ct. May 20, 2011); order of supersedeas June 9, 2011 (1st Dist. Cal.App.).

First District Reverses Attorney’s Fee Award under California’s Private Attorney General Statute in State ESA Challenge93

Center for Biological Diversity v. California Fish and Game Commission, 195 Cal.App.4th 128 (Cal. App. 1st Dist. 2011).