CLIMATE CHANGE NEWS
Report Considers Alternative Approaches to Addressing Climate Change from a National Security Standpoint163
Report Commissioned By 20 Nations Finds Climate Change Impacts Linked to Global Economic Losses and Environmental and Public Health
Concerns164
California Governor Brown Signs Bill into Law to Facilitate Mitigation of Project Impacts on Natural Resources166
Cadiz Groundwater Pumping Project Approved by California County167
Oregon to Launch First U.S. Commercial Wave Energy Device168
LEGISLATIVE DEVELOPMENTS
Summary of Climate Related Bills in the California Legislature170
CLIMATE CHANGE SCIENCE
Recent Scientific Studies on Climate Change172
REGULATORY DEVELOPMENTS
U.S. EPA Declines to Review Clean Air Act Permit for Hybrid Natural Gas and Solar Power Plant175
Federal Trade Commission Releases Revised Environmental Marketing
Guides176
U.S. EPA Gives Low Rating to Federal Energy Regulation Commission’s Environmental Analysis of 224-Megawatt Hydro Project178
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties, and Sanctions180
JUDICIAL DEVELOPMENTS
Federal:
Ninth Circuit Holds Native Village Common Law Nuisance Claim Arising from Greenhouse Gas Emissions Is Displaced by Federal Law182
Native Village of Kivalina v. ExxonMobil Corp., ___F.3d___, Case No. 09-17490 (9th Cir. Sept. 21, 2012).
District Court Finds any Increase In Plant’s Emissions Level Resulting from Non-Routine Improvements to Be Determined by ‘Actual-to-Potential Emissions’ Formula184
U.S. v. CEMEX, Inc., ___F.Supp.2d___, Case No. 09-cv-00019 (D. Colo. Sept. 24, 2012).
District Court Holds Courts May Not Circumvent Maximum Statutory Penalty Amounts by Characterizing Penalties as ‘Community Service’186
U.S. v. Citgo Petroleum Corp., ___F.Supp.2d___, Case No C-06-563 (S.D. Tex. Sept. 18, 2012).
District Court Finds Coal-Fired Electric Plant’s Replacement of Primary Components Does Not Qualify for Maintenance Exception to Clean Air Act Compliance187
U.S. v. Louisiana Generating, LLC, ___F.Supp.2d___, Case No. 09-100-JJB-CN (M.D. La. Sept. 19, 2012).
State:
California Court of Appeal Finds City Acted within Its Discretion in Concluding a Project’s Impacts on Greenhouse Gases Were Too Speculative to Eval-
uate189
Rialto Citizens For Responsible Growth v. City Of Rialto; Wal-Mart, 208 Cal.App.4th 899 (4th Dist. 2012).
