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Environmental, Energy and Climate Change Law & Regulation Reporter

October 2010

Volume 3, Number 5 October 2010

FEATURE ARTICLE

With Legislation Stalled, EPA Presses Forward with Greenhouse Gas

Regulatory Program under the Clean Air Act as January 2, 2011 Trigger

Date Approaches by Holly L. Pearson & Kevin Poloncarz, Bingham

McCutchen, LLP127

CLIMATE CHANGE NEWS

CAPCOA Issues Report Quantifying Greenhouse Gas Mitigation Meas-

ures133

LEGISLATIVE DEVELOPMENTS

With Comprehensive Federal Climate Change and Energy Legislation Tabled, Climate Change Battle Could Shift to the Transportation Bill135

Illinois Moves Up Date for Utilities to Procure Solar Energy and Prohibits Homeowners’ Associations from Disallowing Installation of Solar Energy Systems137

CLIMATE CHANGE SCIENCE

Recent Scientific Studies of Climate Change139

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions143

REGULATORY DEVELOPMENTS

FERC Makes Decision Regarding California ‘Feed-In Tariffs’145

EPA Studies Suggesting Adverse Groundwater Impacts from Carbon Sequestration May Impact Its Use as a Mechanism for Controlling Greenhouse Gas Emissions146

California Air Resources Board Adopts Regional Greenhouse Gas Emissions Reduction Targets for Automobile and Light Trucks148

California Air Resources Board Expected to Release Proposed Draft Cap-and-Trade Regulation to Assess Health Impacts150

LAWSUITS FILED OR PENDING

California Sues Fannie Mae and Freddie Mac for Blocking California PACE Programs152

JUDICIAL DEVELOPMENTS

Federal:

Second Circuit Affirms Preliminary Injunction Prohibiting Enforcement of New York City’s Rules Encouraging Hybrid Taxicabs155

Metropolitan Taxicab Board of Trade v. City of New York, ___F.3d___, Case No. 09-2901-cv (2nd Cir. 2010).