LEGISLATIVE DEVELOPMENTS
U.S. Senators Sanders/Boxer Legislative Package Would Impose a Carbon Tax and Eliminate Fuel Subsidies3
Summary of Climate Change Related Bills in the California Legislature4
CLIMATE CHANGE SCIENCE
Recent Scientific Studies on Climate Change7
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties, and Sanctions10
LAWSUITS FILED OR PENDING
As California County Wind Farm Project Presses Forward the State Court Rules on Cross Motions for Summary Judgment in Two Pending Cases12
California Supreme Court to Decide if Species Erroneously Listed as Endangered May Be Delisted14
JUDICIAL DEVELOPMENTS
Federal:
D.C. Circuit Upholds U.S. Fish and Wildlife’s Listing of the Polar Bear as ‘Threatened’16
In re Polar Bear Endangered Species Act Listing and Section 4(d) Rule Litigation, ___F.3d___, Case No. 11-5219 (D.C. Cir Mar. 1, 2013).
Fifth Circuit Upholds EPA’s Final Rule on Penalty Provisions in Texas Clean Air Act SIP18
Luminant Generation Co. LLC, et al., v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 10-60934 (5th Cir. Mar. 25, 2013).
District Court Finds Utility Upgrades Undertaken During Pendency of EPA’s Delisting Rule Gives Rise to Clean Air Act Violation21
Wildearth Guardians v. Lamar Utilities Board, ___F.Supp.2d___, Case No. 1:09-cv-02974-DME-BNB (D. Colo. Mar. 21, 2013).
State:
Arizona State Court Holds the Atmosphere May Be Subject to the Public Trust Doctrine23
Butler v. Brewer, Unpub., Case No. 1 CA-CV 12-0347 (Ariz.App. Mar. 14, 2013).
California Court of Appeal Holds New Significance Standard for Greenhouse Gas Emissions Is Not
New Information Triggering Supplemental CEQA Review25
Concerned Dublin Citizens v. City of Dublin, ___Cal.App.4th___, Case No. A135790 (Cal.App. Mar. 28, 2013).
Superior Court Rules that CEQA’s Fast-Track Provision for Environmental Leadership Projects Is Unconstitutional27
Conservation League v. State of California, Case No. RG12626904 (Alameda Super. Ct. Mar 29, 2013).
Texas High Court Revives Developer’s Floodplain Project Suit28
Kopplow Development, Inc., v. The City of San Antonio, 56 Tex.Sup.J. 354 (Tx. Mar. 8, 2013).
