CLIMATE CHANGE NEWS
The International Community Takes a Step Forward in Doha with Amendment of the Kyoto Protocol at the 2012 UN Framework Climate Change Conference227
United Nations Draft Report on Climate Change ‘Leaked’ by Panel-Authorized Science Reviewer228
Institute for Policy Integrity Files Notice of Intent to Sue EPA in Attempt
to Force Cap and Charge for Carbon Emissions from the Transportation Sector230
LEGISLATIVE DEVELOPMENTS
President Obama Signs Law that Allows American Passenger Airlines to Avoid Participating in European Union’s Carbon Emissions Cap-and-Trade Pro-
gram232
CLIMATE CHANGE SCIENCE
Recent Scientific Studies on Climate Change234
REGULATORY DEVELOPMENTS
NOAA’s National Marine Fisheries Service Announces Listing Protection under the ESA for Two Species of Arctic Seals237
U.S. Department of the Interior Streamlines Regulations to Encourage Wind and Solar Development on Tribal Lands238
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties, and Sanctions241
LAWSUITS FILED OR PENDING
California Chamber of Commerce Files Suit Seeking to Invalidate State’s Cap-and-Trade Auction243
JUDICIAL DEVELOPMENTS
Federal:
D.C. Circuit Holds EPA Reasonably Interpreted the Clean Air Act, Regulating Only Specific Pollu-
tants245
Desert Citizens Against Pollution v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 11-1113 (D.C. Cir. Nov. 9, 2012).
D.C. Circuit Finds EPA’s Determination of Compliance with CAA Section 112(c)(6) Constitutes
Legislative Rulemaking Subject to APA Require-
ments246
Sierra Club v. U.S. Environmental Protection Agency, ___F.3d__, Case No. 11-1184 (D.C. Cir. Nov. 9, 2012).
State:
California Court of Appeal Finds an NPDES Permit Issued for the Planned Carlsbad Desalination Facility Does Not Violate the State Water Code248
Surfrider Foundation v. California Regional Water Quality Control Board, San Diego Region, ___Cal.App.4th___, Case No. D060382 (Cal.App. Nov. 30, 2012).
California Court Invalidates Regional EIR for Its Regional Transportation Plan Ruling for Failure to Adequately Analyze GHG Emissions250
Cleveland National Forest Foundation et al. v. San Diego Association of Governments, Case No. 2011-00101593, Dec. 3, 2012 (San Diego Super. Ct.).