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Environmental, Energy and Climate Change Law & Regulation Reporter

May 2011

Volume 4, Number 1 May 2011

FEATURE ARTICLE

Navigating the Landscape of the California Renewable Portfolio Standard

by Sarah M. Barker-Ball and Monica A. Schwebs, Bingham McCutchen, San Francisco3

CLIMATE CHANGE NEWS

Pew Center Releases New Policy Papers Regarding Transportation Impacts on Greenhouse Gas Emissions9

LEGISLATIVE DEVELOPMENTS

California Legislature Approves Renewable Portfolio Standard of 33 Percent by 202011

CLIMATE CHANGE SCIENCE

Recent Scientific Studies of Climate Change13

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions16

REGULATORY DEVELOPMENTS

New Federal Guidelines Aim at Minimizing Climate Change Related Extreme Weather Events18

Oregon Adopts Reporting Protocols in Advance of Greenhouse Gas Reporting Deadline20

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Upholds California’s Vehicle Emissions Limits22

Natural Resources Defense Council v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-72288 (9th Cir. Mar. 31, 2011).

Ninth Circuit Finds California’s Regulations of Maritime Fuel Usage Not Preempted by Federal Submerged Lands Act24

Pacific Merchant Shipping Association v. Goldstene, ___F.3d___, Case No. 09-17765 (9th Cir. Mar. 28, 2011).

State:

San Francisco Superior Court Enjoins Further Cap-and-Trade Rulemaking under AB-32 Pending Compliance with CEQA27

Association of Irritated Residents v. California Air Resources Board, Case No. CPF-09-509562 (San Francisco County Super. Ct.).

Maine Supreme Court Upholds Maine Board of Environmental Protection’s Approval of Wind Power Project29

Concerned Citizens to Save Roxbury v. Maine Bd. of Environmental Protection, Case No. BEP-10-206 (Maine Mar. 24, 2011).