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Environmental, Energy and Climate Change Law & Regulation Reporter

November 2011

Volume 4, Number 6 November 2011

CLIMATE CHANGE NEWS

Confidential Draft World Bank Report Recommending Reductions in Fossil Fuel Subsidies Leaked155

World Health Organization Releases Air Quality Data for More than 1,000 Cities157

Controversial Pipeline Project Highlights Difficulties Greenhouse Gas Emissions Pose under the National Environmental Policy Act159

LEGISLATIVE DEVELOPMENTS

Japan Passes Feed-in Tariff Law for Renewable Electric Energy161

U.S. House of Representatives Pass the TRAIN Bill Limiting Clean Air Act Protections162

New California Legislation Deals with Wind Energy Projects, Incidental Take Permit Application Review, and Law Regarding Conservation Easements and Endowments164

New Texas Law Streamlines Permitting Process for Cogeneration Sys-

tems166

CLIMATE CHANGE SCIENCE

Recent Scientific Studies of Climate Change168

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions171

REGULATORY DEVELOPMENTS

U.S. Fish and Wildlife Service Designates Unoccupied Habitat as Critical for Tidewater Goby in California173

California Air Resources Board Adopts Final Cap-and-Trade Program Regulation174

JUDICIAL DEVELOPMENTS

California Supreme Court Declines to Grant Order Enjoining CARB from Implementing Cap and Trade Program Pending Additional CEQA Review177

California Air Resources Board v. Association of Irritated Residents, ___Cal.4th___, Case No. S195112 (Cal. Sept. 28, 2011).

U.S. District Court Grants Motion to Dismiss Claim against Development of Solar Energy Plant for Lack of Standing179

California Unions for Reliable Energy v. U.S. Department of the Interior, ___F.Supp.2d___, Case No. CV-10-9932 (C.D. Cal. Sept. 22, 2011).

Virginia Supreme Court Rules Insurance Policy Does Not Cover Claims for Damages Based on Climate Change.181

The AES Corp. v. Steadfast Ins. Co., Virginia Supreme Ct., Case No. 100764 (Va. Sept. 16, 2011).