FEATURE ARTICLE
Sensible Flood Risk Management for California’s Central Valley to Address Existing Risk and Climate Change Uncertainties: A Partnership of Federal, State, and Local Efforts by Scott Shapiro, Esq., Downey Brand, LLP, Sacramento, California35
CLIMATE CHANGE NEWS
United States and China Release Joint Statement on Climate Change39
Three Fracking Ban Bills Advance in California State Legislature40
CLIMATE CHANGE SCIENCE
Recent Scientific Studies on Climate Change42
REGULATORY DEVELOPMENTS
U.S. Fish and Wildlife Service Issues Eagle Conservation Guidance for Wind Energy Projects45
EPA Hazardous Waste Exclusion for Carbon Capture and Sequester Nears Final Approval46
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties, and Sanctions48
LAWSUITS FILED OR PENDING
California’s Cap-and-Trade Program Challenged Once Again—This time Via State Court Action—Against the California Air Resources Board50
JUDICIAL DEVELOPMENTS
Federal:
Fourth Circuit Holds that CERCLA Apportionment Cannot Result in a Zero Share of Liability52
Ashley II of Charleston LLC v. PCS Nitrogen Incorporated, ___F.3d___, Case No. 11-1662 (4th Cir. Apr. 4, 2013).
Ninth Circuit Holds that Consent Decree Cannot Be Used to Bypass Rulemaking Procedures54
Conservation Northwest, et al. v. Sherman, et al., ___F.3d___, Case No. 11-35729 (9th Cir. Apr. 25, 2013).
Sixth Circuit Bankruptcy Appellate Panel Finds Lower Court Applied Incorrect Standard to Environmental Claims for Water Discharge from Mining Operation55
In re Appalachian Fuels, LLC, Case No. 12-8026, (B.A.P. 6th Cir. Apr. 19, 2013).
To Frack or Not to Frack: That Is the Question In California—District Court Strikes Down BLM Approved Oil and Gas Leases57
Center for Biological Diversity, et al. v. U.S. Bureau of Land Management, et al., ___F.Supp.2d___, Case No. C-11-06174 PSG (N.D. Cal. Mar. 31, 2013).
State:
Oklahoma Supreme Court Issues Writ Requiring Disclosure of Ex Parte Communications Made between Agency, General Counsel and the USGS in Water Rights Determination59
Arbuckle Simpson Aquifer Protection Federation of Oklahoma, Inc. v. Oklahoma Water Resources Board, 2013 OK 29, (Okla. Apr. 23, 2013).
