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Environmental, Energy and Climate Change Law & Regulation Reporter

September 2012

Volume 5, Number 4 September 2012

FEATURE ARTICLE

Drinking Water: Still Good the Second Time Around? Is Recycled Water Safe to Drink? by Eileen M. Nottoli, Allen Matkins Leck Gamble Mallory 99

CLIMATE CHANGE NEWS

National Research Council Publishes Study on Sea-Level Rise for Western Coast of United States104

LEGISLATIVE DEVELOPMENTS

National Flood Insurance Program Finally Reauthorized105

New Jersey Governor Vetoes State Greenhouse Gas Initiative Bill106

North Carolina Bill Becomes Law, Preventing Consideration of Accelerating Sea-Level Rise107

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change109

REGULATORY DEVELOPMENTS

U.S. Department of the Interior Designates Solar Energy Zones112

Co-Lead Federal Agencies Publish Final Programmatic EIS for Creation of Solar Energy Zones and Programmatic Environmental Guidance for Solar Energy Development113

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions115

LAWSUITS FILED OR PENDING

Sierra Club Challenges San Diego County’s Climate Action Plan117

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Refuses to Vacate EPA Approval of Power Plant Emissions Deal119

California Communities Against Toxics v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 11-71127 (9th Cir. July 26, 2012).

D.C. Circuit Court of Appeals Upholds EPA’s Greenhouse Gas Regulation121

Coalition for Responsible Regulation, Inc., et al. v. U.S.Environmental Protection Agency, 684 F.3d 102 (D.C. Cir. 2012).

District Court Finds No Atmospheric Federal Public Trust Doctrine Exists and Assuming Its Existence, Would Be Displaced by the Clean Air Act123

Alec L. v. Jackson, ___F.Supp.2d___, Case No. (D. D.C. 2012).

State:

California Court of Appeal Upholds Air District’s Rule Limiting VOCs in Paint Thinners and Solvents—Rejects Claim that CEQA Required District to Analyze Alternatives124

W.M. Barr & Company Inc. v. South Coast Air Quality Management District, ___Cal.App.4th___, Case No. B233892 (2nd Dist. June 28, 2012).