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Environmental, Energy and Climate Change Law & Regulation Reporter

August/September 2013

Volume 6, Number 4 August/September 2013


Executive Actions: President Obama’s Climate Action Plan and Regulation of Carbon Emissions under the Clean Air Act by Dennis Kanuk, Esq.,

Jackson|DeMarco|Tidus|Peckenpaugh, Irvine, California99


Historic Day for Clean Energy: First Auction Held for U.S. Offshore Wind-Farm Leases105

Survey Finds Majority of Californians Want Immediate Government Action on Global Warming and Most Also Believe Effects of Global Warming Have Already Begun106


Recent Scientific Studies on Climate Change108



D.C. Circuit Finds EPA Lacked Authority to Exempt Biogenic Sources of Carbon Dioxide From Clean Air Act PSD Permitting111

Center for Biological Diversity v. U.S. Environmental Protection Agency, ___F.3d___, Case Nos. 11-1101, 11-1285, 11-1328, 11-1336 (D.C. Cir. July 12, 2013).

Third Circuit Upholds EPA’s Decision to Limit Coal-Fired Electricity Generating Plant’s Sulfur Emissions to Prevent Interstate Pollution113

GenOn REMA, LLC v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-1022 (3rd Cir. July 12, 2013).

D.C. Circuit Upholds EPA’s Primary Ozone Standards—But Remands as to the Secondary Standard115

State of Mississippi v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-1200 (D.C. Cir. July 23, 2013).


In a Partially Published Decision, California Court of Appeal Upholds CEQA Categorical Exemption for Local Ordinance Banning Plastic Bags117

Save the Plastic Bags Coalition v. County of Marin, ___Cal.App.4th___, Case No. A133868 (5th Dist. June 25, 2013).

California Court of Appeal Finds Environmental Analysis of Desalination Plant’s Cumulative Greenhouse Gas Impacts Was Sufficient under CEQA. .119

North Coast Rivers Alliance v. Marin Municipal Water District Board of Directors, 216 Cal.App.4th 614 (1st Dist. 2013).

California Court of Appeal Finds California Air Board’s Implementation of Low Carbon Fuel Standard Regulations Violated CEQA—But Allows Regulations to Stay in Effect121

POET, LLC v. California Air Resources Board, ___Cal.App.4th___, Case No. F064045 (5th Dist. July 15, 2013).

California Superior Court Upholds Colorado River Quantitative Settlement Agreement Program and Transfer Project122

QSA Coordinated Civil Cases, Case No. JCCP 4353 (Cal. Super. Ct. 2013).

Pennsylvania High Court Orders State PUC to Stop Reviewing Local Zoning Related to Oil and Gas Drilling In Violation of Lower Court Injunc-


Robinson Twp. v. Commonwealth of Pennsylvania, Case No. 100 MAP 2012 (Penn. filed July 25, 2013).