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Environmental, Energy and Climate Change Law & Regulation Reporter

March 2011

Volume 3, Number 10 March 2011

CLIMATE CHANGE NEWS

Joint-Agency Report Identifies Climate Research Needs for Long-Term Water Planning279

Petroleum Refinery to Pay Civil Enforcement Penalty of $5.375 Million under Clean Air Act Settlement281

LEGISLATIVE DEVELOPMENTS

Lawmakers Look to Curtail EPA Authority to Regulate Greenhouse

Gases283

CLIMATE CHANGE SCIENCE

Recent Scientific Studies of Climate Change285

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions288

REGULATORY DEVELOPMENTS

EPA Exempts Delayed Project from New Limits on Greenhouse Gases and Conventional Air Pollution—Opens the Door for Other Project Applications in the Pipeline290

EPA Defers GHG Permitting Requirements for Industries Using Biomass for Three Years for Further Consideration of Biogenic Scientific and Technical Information291

Mandate Legislation and the SEC’s new ‘Conflict Minerals’ Disclosure Requirements May Be Key to Preserving Central Africa’s Role in Climate Change Mitigation292

LAWSUITS FILED OR PENDING

Two New Lawsuits Filed against the Bureau of Land Management for Its Approval of Solar Power Projects in California295

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Vacates Department of Energy’s Electrical Congestion Study297

California Wilderness v. U.S. Department of Energy, ___F.3d___, Case No. 08-71823 (9th Cir. Feb. 1, 2011).

Although EPA Missed Its HAP Rule Making Deadline, the D.C. Circuit Grants EPA Additional Time to Respond to Extensive Comments299

Sierra Club v. U.S. Environmental Protection Agency, ___F.3d___, Case Nos. 01-1537 (PLF), 01-1548, 01-1558, 01-1569, 01-1578, 01-1597 (D.C. Cir. Jan. 20, 2011).

D.C. Circuit Allows EPA Takeover of the Greenhouse Gas Portion of the Texas Air Permitting Pro-

gram300

State of Texas v. U.S. Environmental Protection Agency, Case No. 10-1425, order Jan. 12, 2011 (D.C. Cir.).

State:

California Superior Court Poised to Bar Implementation of AB 32’s Scoping Plan302

Association of Irritated Residents, et al. v. California Air Resources Board, et al., Case No. CPF-09-509562 (San Francisco Superior Court).

New Mexico Supreme Court Blocks Governor Martinez’s Attempt to Delay Publication of State Climate Change Regulations304

New Energy Economy, Inc. v. Martinez, Case No. 32-806s (N.M. Feb. 17, 2011).