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Environmental, Energy and Climate Change Law & Regulation Reporter

March 2013

Volume 5, Number 10 March 2013

FEATURE ARTICLE

Challenges to Permitting Desalination Plants in California by Joe Monaco, AICP, Dudek, Encinitas and Scott Birkey, Esq., Cox, Castle 283

CLIMATE CHANGE NEWS

New Report Highlights Threats of Climate Change to U.S. Coasts and Coastal Ecosystems289

Concerns Raised about New York’s Green Tax Incentives291

Los Angeles Department of Water and Power Approves Feed-In Tariff for Renewable Energy293

Sacramento Approves Privately Funded Clean Energy Upgrade Program for Residential and Commercial Property Owners294

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change296

REGULATORY DEVELOPMENTS

U.S. Environmental Protection Agency Releases Strategic Report to Address Impacts of Climate Change on Water Resources299

U.S. Environmental Protection Agency Releases Fiscal Year 2012 Enforcement Results301

California State Water Resources Control Board Approves Amendment to Add Monitoring Requirements for Constituents of Emerging Concern302

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions304

JUDICIAL DEVELOPMENTS

Federal:

D.C. Circuit Holds EPA’s Projection of Cellulosic Biofuel Production Was in Excess of the Agency’s Authority under the Energy Policy Act306

American Petroleum Institute v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-1139 (D.C. Cir. Jan 25, 2013).

District Court Denies Sierra Club Challenge on

ESA and NEPA Issues—Clears the Way for Wind

Project307

Sierra Club, et al. v. Kenna, et al., ___F.Supp.2d___,

Case No. 1:12-cv-1193 (E.D. Cal. Jan. 11, 2013).

State:

California Superior Court Upholds Emissions Offset Component of California’s Cap-and-Trade

Program309

Citizens Climate Lobby v. California Air Resource Board, Case No. CGC-12-5195544, Jan. 25, 2013 (San Francisco Super. Ct.).