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Environmental, Energy and Climate Change Law & Regulation Reporter

October 2012

Volume 5, Number 5 October 2012

CLIMATE CHANGE NEWS

Pacific Institute Releases Study that Maps the Overlap of Social Vulnerability and Climate Change Impacts in California131

Pennsylvania Utility Commission to Consider Review of Local ‘Fracking’ Ordinance132

LEGISLATIVE DEVELOPMENTS

California Legislature Creates a New ‘Right to Water’134

Summary Coverage of Climate Related Bills in California, Hawaii and

Illinois136

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change139

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions142

REGULATORY DEVELOPMENTS

President Obama Issues New Executive Order to Federal Agencies to Promote Energy Efficiency144

U.S. Environmental Protection Agency and National Highway Traffic Safety Administration Finalize Fuel Economy and Greenhouse Gas Emissions Final Rule for Light-Duty Vehicles145

Several States Request Waivers From EPA for Renewable Fuel Standard Volume Requirements146

California Energy Commission Releases White Paper on Legal Barriers to Water and Climate Change Adaptation in California147

California State Water Resources Control Board Will Issue New Requirements for Ocean Desalination Facilities through an Amendment to the Ocean

Plan149

California Air Resources Board Conducts Rehearsal Auction for Its Cap-and-Trade Program152

LAWSUITS FILED OR PENDING

Settlement Looks Imminent in Kentucky Arch Coal Clean Water Case153

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Upholds Regulations Authorizing Incidental Take of Polar Bears and Pacific Walruses for Oil and Gas Exploration in Alaska154

Center for Biological Diversity v. Salazar, ___F.3d___, Case No. 10-35123 (9th Cir. Aug. 21, 2012).

The Aftermath of Deepwater Horizon Washes Up in California—District Court Addresses ESA Concerns over Agency Listing of Petroleum Dispersants157

Center for Biological Diversity v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. C12-01920 (N.D. Cal. Sept. 4, 2012).