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Environmental, Energy and Climate Change Law & Regulation Reporter

February 2011

Volume 3, Number 9 February 2011

CLIMATE CHANGE NEWS

World Bank Issues Report—‘Cities and Climate Change: An Urgent Age-

nda’251

Endangered Species Coalition Issues Report Identifying ‘Top Ten Places to Save for Endangered Species in a Warming World’252

Climate Change Will Significantly Alter Oregon’s Natural Resources According to New Report254

Pew Research Center Study Urges Evolutionary Approach to Confront Climate Change255

CLIMATE CHANGE SCIENCE

Recent Scientific Studies of Climate Change258

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions261

REGULATORY DEVELOPMENTS

EPA Delays the Reporting of Key Data Elements under the Greenhouse Gas Reporting Program of the Clean Air Act263

Federal Agencies Issue Draft Environmental Study Identifying Solar Energy Zones In the Western United States to Fast Track Solar Energy Produc-

tion265

LAWSUITS FILED OR PENDING

U.S. Supreme Court Agrees to Hear Important Climate Change Case267

American Electric Power Co., Inc. v. State of Connecticut, Case Nos. 05-5104, 05-5119, (2nd Cir. Sept. 2009); cert. granted, Dec. 6, 2010, Case No. 10-174, U.S. Supreme Ct.

Texas’ Reprieve from EPA’s GHG Rules Is Short-Lived268

State of Texas v. U.S. Environmental Protection Agency, Case No. 10-1425 (D.C. Cir.).

Battle on the Prairie—Kansas Property Owners Challenge Local Regulation of Commercial-Scale Wind Energy Projects as Possible Regulatory Taking270

McClelland, et al. v. Bd. of County Commissioners, Case No. 10-1335, amended, Nov. 30, 2010 (D. Kan.).

JUDICIAL DEVELOPMENTS

D.C. Circuit Holds EPA Final Rule on Renewable Fuel Standard Did Not Violate the Energy Independence and Security Act and Was Not Impermissibly Retroactive272

National Petrochemical & Refiners Association v. U.S. Environmental Protection Agency, ___F.3d___, Case Nos. 10-1070 and 10-1071 (D.C. Cir. Dec. 21, 2010).