FEATURE ARTICLE
In an Amazing Reversal, the Fifth Circuit Holds that the Army Corps Is Not Liable for Damages from Hurricane Katrina by Andrea Clark, Downey Brand, Sacramento, California195
CLIMATE CHANGE NEWS
World Bank Releases Study Addressing the Possibility and Consequences of a 4°C Rise in World Temperature199
National Academy of Sciences Offers Advice to the U.S. Army Corps on Aging Infrastructure200
New Stanford University Study Finds Snowpack Shrinking Faster than Previously Believed202
A Very Costly Hurricane Sandy Reignites the Climate Change Debate203
New Jersey Waives Environmental Requirements to Speed Rebuilding of Public Infrastructure in Hurricane Sandy’s Aftermath—Environmental Groups Protest204
LEGISLATIVE DEVELOPMENTS
California’s SB 375 Update: Regional Transportation and Land Use Planning Moves Forward206
CLIMATE CHANGE SCIENCE
Recent Scientific Studies of Climate Change208
REGULATORY DEVELOPMENTS
California Air Resources Board Conducts Auction for Its Cap-And-Trade Program211
California Public Utilities Commission Approves Investor-Owned Utilities’ Renewables Portfolio Standard Procurement Plans212
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties, and Sanctions214
JUDICIAL DEVELOPMENTS
Federal:
Ninth Circuit Finds Biological Opinion for Ruby Natural Gas Pipeline Project Inadequate under the Endangered Species Act216
Center for Biological Diversity v. U.S. Bureau of Land Management, ___F.3d___, Case No. 10-72356 (9th Cir. Oct. 22, 2012).
District Court Finds Pennsylvania State Common Law Causes of Action Are Preempted by Federal Regulations under the Clean Air Act217
Bell v. Cheswick Generating Station, ___F.Supp.2d___, Case Nos. 2:12-cv-929 (W.D. Penn. Oct. 12, 2012).
State:
California Court of Appeal Approves Use of Approximation Method for Establishing Baseline Air Emissions under CEQA219
Mount Shasta Bioregional Ecology Center v. County of Siskiyou, 210 Cal.App.4th 184 (Cal.App. 2012)
Los Angeles Superior Court Concludes CEQA Review for Conservation Plans Related to Newhall Ranch Project Inadequate221
Center for Biological Diversity, et al. v. California Department of Fish and Game, Case No. BS131347 (Los Angeles Super. Ct. Oct. 15, 2012).
