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Environmental, Energy and Climate Change Law & Regulation Reporter

April 2013

Volume 5, Number 11 April 2013


U.S. Inspector General’s Report Criticizes EPA’s Oil and Natural Gas Air Emissions Data Collection315

California Air Resources Board Conducts Second Auction of Carbon Credits as Part of its Cap-and-Trade Program317


Recent Scientific Studies on Climate Change318


U.S. Department of Defense Addresses Climate Change through Adaptation Roadmap321

U.S. Department of Agriculture Report Highlights How Climate Change Impacts Present New Challenges to Agriculture322

U.S. Fish and Wildlife Service Announces Five-Year Plan to List Hundreds of New Endangered Species under Federal ESA324


Recent Investigations, Settlements, Penalties, and Sanctions326



Federal Circuit Upholds Dismissal of Water District’s Takings Claim Seeking Compensation for Water Diverted for the Protection of Steelhead328

Casitas Municipal Water District v. U.S., ___F.3d___, Case No. 2012–5033 (Fed. Cir. Feb. 27, 2013).

Eleventh Circuit Finds Producer of Recovered Material Not Liable under RCRA even though the Material Was Not Ultimately Recycled330

Premier Associates, Inc. v. EXL Polymers, Inc., ___F.3d___, Case No. 12-10325 (11th Cir. Feb. 5, 2013).

District Court Dismisses Case of Alleged Exposure of Human Study Participants to Particulate Matter Air Pollution332

American Tradition Institute Environmental Law Center v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 1:12-cv-1066 (E.D. Va. Jan. 31, 2013).


California Court of Appeal Determines to Publish Its Earlier Decision Upholding County’s Use of Project-Specific Significance Thresholds333

Save Cuyama Valley v. County of Santa Barbara, ___Cal.App.4th___, Case No. B233318 (2nd Dist. 2013).

Texas Supreme Court Invalidates Houston Air Quality Ordinance Due to State Preemption335

Southern Crushed Concrete, LLC v. City of Houston, Case No. 11-0270 (Tx. Feb. 15, 2013).

Texas Court of Appeals Allows Flood Damage Claims Based on Selection of Less-Protective Flood Protection Plan336

Harris County Flood Control District, et al. v. Kerr, et al., Case No. 01-11-00014 (Tex.App., 1st Dist. Mar. 7, 2013).