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Environmental, Energy and Climate Change Law & Regulation Reporter

January 2013

Volume 5, Number 8 January 2013

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.).