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Environmental, Energy and Climate Change Law & Regulation Reporter

August/September 2011

Volume 4, Number 4 August/September 2011

FEATURE ARTICLE

Shifting Climate and the Uncertainty of California’s System Yield: Adieu Water Rights? by Robert Shibatani, The Shibatani Group, Inc., Sacramento, California99

CLIMATE CHANGE NEWS

Climate Change and Its Impact on the West Coast Vineyard Map105

LEGISLATIVE DEVELOPMENTS

Federal and State Legislative Update: Summary on Climate Change107

CLIMATE CHANGE SCIENCE

Recent Scientific Studies of Climate Change109

REGULATORY DEVELOPMENTS

California Air Resources Board to Consider Adopting Supplement to Global Warming Solutions Act Scoping Plan112

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions114

LAWSUITS FILED OR PENDING

Northwest Wind Energy Generators File Complaint with the Federal Energy Regulatory Commission after Bonneville Power Administration Limits Transmission Line Access116

New York State Governor and Two State Agencies Sued over RGGI Participation118

JUDICIAL DEVELOPMENTS

Federal:

Fourth Circuit Finds Federal Court Has Jurisdiction to Hear Challenge of Carbon Emission Fee Imposed by Local Agency120

GenOn Mid-Atlantic, LLC v. Montgomery County, Maryland, ___F.3d___, Case No. 10-1882 (4th Cir. June 20, 2011).

State:

California Appeals Court Holds CEQA Litigation ‘Document Dump’ Is a Failure to ‘Exhaust’ Remedies—Greenhouse Gases Are Not ‘New Information’ . .122

Citizens for Responsible Equitable Environmental Development v. City of San Diego, ___Cal.App.4th___, Case No. D057524 (Cal. App. pub. June 10, 2011).