CLIMATE CHANGE NEWS
White House Backs Renewable Fuel Standard311
New Agreement Reached for Public-Private Partnership Nuclear Reactor Projects at Savannah River Site313
CLIMATE CHANGE SCIENCE
Recent Scientific Studies of Climate Change315
REGULATORY DEVELOPMENTS
Statewide Mandatory Commercial Recycling Regulation Approved by California Department of Resources Recycling and Recovery318
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties, and Sanctions320
LAWSUITS FILED OR PENDING
Tenth Circuit Rejects Utility Company’s and State’s Motions to Halt
Enforcement of EPA Rule Capping Emissions and Requiring Technology Installation322
Shell Oil Makes a Preemptive Strike—Goes to Court to Restrain Environmental Groups324
California County Sued by Solar Industry Associations Seeking to Overturn ‘Sun Tax’326
JUDICIAL DEVELOPMENTS
Federal:
U.S. Supreme Court Decides a Clean Water Act Compliance Order Can Be Challenged In Court Prior to an EPA Enforcement Action328
Sackett v. U.S. Environmental Protection Agency, 566 U.S. __, Case No. 10-1062 (Mar. 21, 2012).
Fifth Circuit Holds U.S. Army Corps Can Be Liable for Flood Damages from Hurricane Katrina330
In Re: Katrina Canal Breaches Litigation, ___F.3d___, Case No. 10-30249 (5th Cir. Mar. 2, 2012).
District Court Denies Attempt to Extend Bestfoods Analysis For Holding Related Entities Responsible in Non-CERCLA Context332
Babb v. Lee County Landfill SC, LLC, ___F.Supp.2d___, Case No. 3:10-cv-01724-JFA (D. S.C. Feb. 9, 2012).
District Court Denies Motion to Enjoin Enforcement of California Regulation to Reduce Emissions of Diesel Particulate Matter333
California Dump Truck Owners Association v. Nichols, ___F.Supp.2d___, Case No. 2:11-cv-00384-MCE-GGH, (E.D. Cal. Jan. 30, 2012).
State:
California Court of Appeal Finds Neighbor’s Challenge to a Wind Project EIR under CEQA Falls
Short336
Bedford v. Santa Barbara County, ___Cal.App.4th___, Case No. B228958 (2nd Dist. Feb. 2, 2012).
