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Environmental, Energy and Climate Change Law & Regulation Reporter

July/August 2012

Volume 5, Number 3 July/August 2012

CLIMATE CHANGE NEWS

Climate Bonds Initiative Releases Report Regarding the Climate-Themed Bond Market in 201267

Panel Addresses Coastal and Ocean Carbon Storage in Advance of Rio+20 Conference68

Union of Concerned Scientists Releases Study on How Corporations Have Influenced the U.S. Dialogue on Climate Science and Policy70

Washington State’s Rainwater Collection Policy Lets 12,000 Rain Gardens Bloom71

LEGISLATIVE DEVELOPMENTS

California Governor Signs Contested Assembly Bill Allowing Solar Project to Bypass Local Jurisdiction and Proceed through the California Energy Commission73

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change75

REGULATORY DEVELOPMENTS

U.S. Geological Survey Releases Study on How Climate Change Affects Water Availability78

U.S. Department of Commerce Preliminarily Determines China Illegally Subsidized Steel Towers for Wind Turbines79

California Public Utilities Commission Agrees to Expand Its Net Metering Program80

California Department of Water Resources Releases Plan for Reducing Greenhouse Gas Emissions82

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions84

JUDICIAL DEVELOPMENTS

Federal:

Sixth Circuit Holds the Clean Air Act’s Citizen Suit Provision Does Not Authorize Citizens to Enforce Violations of Ohio’s State Implementation Plan86

Sierra Club v. Christopher Korleski, ___F.3d___, Case No. 10-3269 (6th Cir. May 25, 2012).

U.S. District Court Dismisses FEMA from Mississippi Flood Lawsuit88

Kmart Corporation v. Kroger Co. et al., ___F.Supp.2d___, Case No. 1:11-CV-00103 (N.D. Miss.)

District Court Holds EPA’s Duty to Promulgate Revised Clean Air Act Regulations Is a Discretionary Function90

WildEarth Guardians v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case Nos. 11-cv-5651-YGR; 11-cv-5694-YGR (N.D. Cal. May 7, 2012).

State:

California Trial Court Rules ‘Business as Usual’ Method of Evaluating GHG Emissions under CEQA Is Unlawful Where the Baseline Evaluating the Threshold of Significance Reflects a Hypothetical Scenario92

Friends of The Northern San Jacinto Valley et al. v. County of Riverside, Case No. Ric10007572 (Riverside Super Ct).