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Environmental, Energy and Climate Change Law & Regulation Reporter

April 2011

Volume 3, Number 11 April 2011

CLIMATE CHANGE NEWS

Shareholder Resolutions on Climate Change Surge in 2011 Proxy

Season311

LEGISLATIVE DEVELOPMENTS

Montana State Representative Pushes House Bill Prohibiting Implementation of Future Federal Greenhouse Gas Regulations within the State313

New Hampshire House of Representatives Votes to Repeal Its Global Warming Cap-and-Trade Energy Tax System314

CLIMATE CHANGE SCIENCE

Recent Scientific Studies of Climate Change316

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions319

REGULATORY DEVELOPMENTS

U.S. Fish and Wildlife Service Releases Draft Guidelines for Siting Wind Energy Projects321

U.S. Department of Commerce Inquiry Results in Determination that NOAA Did Not Manipulate Data and Properly Adhered to the Agency’s Data Review Policies323

California Carbon Capture and Storage Review Panel Releases Findings and Recommendations325

California’s South Coast Air Quality Management District Releases New Model for Estimating Air Emissions Pursuant to the California Environmental Quality Act327

LAWSUITS FILED OR PENDING

State of Alaska Sues U.S. Fish and Wildlife Service to Overturn Endangered Species Act Designation of Critical Habitat for the Polar Bear329

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Finds EPA’s Review of California’s CAA State Implementation Plan for Air Quality Standards for Ozone Was Arbitrary and Capri-

cious331

Association of Irritated Residents v. U.S. Environmental Protection Agency, ___F.3d___, Case Nos. 09-71383, 09-71404 (9th Cir. Feb. 2, 2011).

Ninth Circuit Finds U.S. Nuclear Regulatory Commission Is Not Compelled to Share Sensitive Security Information in a Proceeding under NEPA333

San Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission, ___F.3d___, Case No. 08-75058 (9th Cir. Feb. 15, 2011).

State:

California Trial Court Upholds Timber Plans, Ruling that Timber Harvesting May Advance the Fight against Climate Change334

California Department of Forestry Proceeding CEQA Cases, Case No. SC20100151 (El Dorado County Super. Ct. Feb. 16, 2011).