CLIMATE CHANGE SCIENCE
Recent Scientific Studies on Climate Change219
REGULATORY DEVELOPMENTS
EPA Establishes Stricter Reporting Rules for Greenhouse Gasses222
California Division of Oil, Gas and Geothermal Resources Releases New Fracking Regulations Pursuant to Senate Bill 4224
California Department of Fish and Wildlife Considers Draft Regulation for the Take of Rare Plants226
California State Auditor Confronts Salton Sea Restoration Cost Issues227
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties, and Sanctions229
LAWSUITS FILED OR PENDING
Former Owners of Superfund Site Seek Supreme Court Clarification of
CERCLA’s Cost Recovery Rules231
JUDICIAL DEVELOPMENTS
Federal:
Ninth Circuit Upholds Nevada Power’s Coal Waste Disposal Plan233
Moapa Band of Paiutes, et al. v. Bureau of Land Management, et al., Unpub., Case No. 11-17672 (9th Cir. Nov. 25, 2013).
District Court Dismisses CERCLA Claims Against Groundwater Well
Operator in the Absence of an Allegation of the Disposal of Hazardous
Materials235
Coppola v. Smith, ___F.Supp.2d___, Case No. 1:11-CV-1257 AWI BAM (E.D. Cal. Nov. 8, 2013).
State:
California Court of Appeal Finds that City Council, Not the Planning Commission, Must Certify an Environmental Impact Report under CEQA for Its General Plan Update237
California Clean Energy Committee v. City of San Jose, ___Cal.App.4th___, Case No. H038740 (6th Dist. Oct. 29, 2013).
California Court of Appeal Holds County May Rely on Current Road Use Rather than Its Traffic Designation in Determining Revised Project’s Impacts Were Not Significant238
South County Citizens for Smart Growth v. County of Nevada, 221 Cal.App.4th 316 (3rd Dist. 2013).
California Superior Court Decides ‘Close Question’ Regarding whether the California Global Warming Act’s Cap-and-Trade Auction Is a ‘Tax’ or a
‘Fee’240
California Chamber of Commerce, et al. v. California Air Resources Board, et al., Case No. 34-2012-80001313 (Sacramento Super. Ct. Nov. 12, 2013); Morning Star Packing Co., et al. v. California Air Resources Board, et al., Case No. 34-2013-80001464 (Sacramento Super. Ct. Nov. 12, 2013).
