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Environmental, Energy and Climate Change Law & Regulation Reporter

March 2012

Volume 4, Number 10 March 2012

CLIMATE CHANGE NEWS

Obama Administration Releases for Public Review Its National Fish, Wildlife and Plants Climate Adaptation Strategy283

Insurance Companies Operating in the States of California, New York and Washington Must Now Assess and Disclose Climate Change Risks284

LEGISLATIVE DEVELOPMENTS

Pennsylvania Approves Imposing Fee on Wells Dug for Natural Gas Production and Preempting Local Ordinances Regulating Well Location286

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change288

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions291

REGULATORY DEVELOPMENTS

U.S. Government Accountability Office Examines Fragmented Federal Diesel Emissions Programs293

California Air Resources Board Approves Advanced Clean Car Rules295

LAWSUITS FILED OR PENDING

California Attorney General Joins in Lawsuit Regarding Climate Issues Brought against the San Diego Association of Governments297

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Holds EPA Approval of San

Joaquin Valley 2004 SIP to Be Arbitrary and Capricious299

Sierra Club v. U.S. Environmental Protection Agency, ___F.3d___, Case Nos. 10-71457, 10-71458 (9th Cir. Jan. 20, 2012).

District Court Defers to EPA—Finds Agency Did Not Determine 2010 SCR Diesel Engines to Be Incompliant with the Clean Air Act301

Navistar, Inc. v. U.S. Environmental Protection Agency, et al., ___F.Supp.2d___, Case No. 11-769(CKK), (D. D.C. Jan. 17, 2012).

State:

California Court of Appeal Rejects Challenge against Agency Seeking to Ban Off-Highway Vehicle Use within a Local Coastal Plan Area.303

Sierra Club v. California Department of Parks and Recreation, ___Cal.App.4th___, Case No. B230095 (2nd Dist. Jan. 9, 2012).

California Superior Court Orders Withdrawal of

New BAAQMD Regulations for Further CEQA Review304

California Building Industry Association v. Bay Area Air Quality Management District, Case No. RG10-548693 (Alameda Super Ct. Feb. 14, 2012).