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Environmental, Energy and Climate Change Law & Regulation Reporter

July 2013

Volume 6, Number 3 July 2013

CLIMATE CHANGE NEWS

Climate Change Scientists Draft Consensus Statement to Identify Key Ways Humans Are Damaging Global Life-Support Systemss67

Scientists Develop Method to Measure the Vulnerability of Fish to Climate Change69

LEGISLATIVE DEVELOPMENTS

Congressional Budget Office Releases Report on the Effects of a Carbon Tax on the Economy and the Environment71

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change73

REGULATORY DEVELOPMENTS

Interior Department Issues Updated Draft Rule for Fracking on Indian

Lands76

California Air Resources Board Conducts Third Auction of Carbon Credits as Part of its Cap-And-Trade Program78

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions79

LAWSUITS FILED OR PENDING

Kansas, Montana and West Virginia File Amicus Brief in EPA Greenhouse Gas Clean Air Act Case83

Series of Environmental Lawsuits Filed against Los Angeles World Airports and the City of Los Angeles Regarding LAX Improvements85

JUDICIAL DEVELOPMENTS

Federal:

D.C. Circuit Upholds EPA’s Revised Clean Air Act Emissions Standards for Secondary Lead Smelting Facilities87

Association of Battery Recyclers v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-1129 (D.C. Cir. May 28, 2013).

D.C. Circuit Dismisses Utility’s Appeal of a Remand Order for Lack of Jurisdiction Stopping Approval of Facility Expansion for Coal-Fired Energy Plant89

Sierra Club v. U.S. Department of Agriculture, ___F.3d___, Case No. 12-5095 (D.C. Cir. May 28, 2013).

District Court Finds Los Angeles Must Comply with Clean Air Act Particulate Matter Emissions Controls Related to Water Use from Owens Valley90

City of Los Angeles v. Great Basin Unified Air Pollution Control District, ___F.Supp.2d___, Case No. 1:12CV1683 AWI SAB (E.D. Cal. May 2, 2013).

State:

California Court of Appeal Upholds CEQA Environmental Impact Report for Marin County Desalination Project93

North Coast Rivers Alliance v. Marin Municipal Water District, ___Cal.App.4th___, Case Nos. A133821, A135626 (1st Dist. May 21, 2013).