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Environmental, Energy and Climate Change Law & Regulation Reporter

May 2012

Volume 5, Number 1 May 2012

CLIMATE CHANGE NEWS

Great Lakes States and the Obama Administration Reach Agreement to Encourage Development of Offshore Wind Farms3

EPA and Sacramento Metropolitan Air Quality Management District Offer Incentives for Valley Farmers to Replace Diesel Pumps with Electric Equipment4

NRDC Report Claims 29 States Unprepared for Climate Change Water Impacts6

New Report Released Providing Roadmap For Increased Convenience and Popularity of Plug-In Electric Vehicles8

LEGISLATIVE DEVELOPMENTS

Summary of California Bills Addressing Climate Change10

Sacramento City Council Adopts Climate Action Plan11

CLIMATE CHANGE SCIENCE

Recent Scientific Studies of Climate Change14

REGULATORY DEVELOPMENTS

Federal Agencies Receive Comments on Modified Definition of Endangered Species17 

U.S. Fish and Wildlife Service Issues Final Guidelines for Wind Energy Projects19

Susquehanna River Basin Commission Proposes New Low Flow Protection Policy20

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions22

JUDICIAL DEVELOPMENTS

Federal:

D.C. Circuit Finds EPA’s Designation of Counties as Clean Air Act Nonattainment Areas Was Proper and Related to Salt Lake City’s Nonattainment24

ATK Launch Systems, Inc. v. U.S. Environmental Protection Agency, 669 F.3d 330 (D.C. Cir. 2012).

State:

California Superior Court Orders San Francisco Bay Air District to Set Aside Standards for Determining Air Quality and Greenhouse Gas Emissions26

California Building Industry Association v. Bay Area Air Quality Management District, Case No. RG10548693 (Alameda Super Ct).

California Superior Court Addresses Farm Bureau’s Standing to Challenge Williamson Act Contract Cancellation Related to Solar Energy Project29

California Farm Bureau Federation v. County of Fresno, Case No. 11 CECG 03780 (Fresno Super Ct).