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Environmental, Energy and Climate Change Law & Regulation Reporter

May 2013

Volume 6, Number 1 May 2013


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


Recent Scientific Studies on Climate Change7


Recent Investigations, Settlements, Penalties, and Sanctions10


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



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).


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).