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Environmental, Energy and Climate Change Law & Regulation Reporter

April 2014

Volume 6, Number 11 April 2014


U.S. State Department Releases the Final Supplemental Environmental Impact Statement for the Proposed Keystone XL Pipeline307


California Senate Introduces Significant New Climate Change Legis-


City of Los Angeles Cites Climate Change Impacts in Approving Fracking Moratorium311


Recent Scientific Studies on Climate Change313


Recent Investigations, Settlements, Penalties, and Sanctions316



Fifth Circuit Finds that Local Jurisdictions’ Police Powers Are Preempted by Federal Clean Water Act in Deepwater Horizon Litigation318

In Re: Deepwater Horizon, ___F.3d___, Case No. 12-30012 (5th Cir. Feb. 24, 2014).

Ninth Circuit Affirms Dismissal of Environmental Challenge to Honolulu’s High-Speed Rail Project320 v Federal Transit Administration, ___F.3d___, Case No. 13-15277 (9th Cir. Feb 18, 2014).

Ninth Circuit Denies Rehearing En banc in Refinery Greenhouse Gas Regulation Suit in the State of Washington322

Washington Environmental Council v. Bellon, ___F.3d___, Case No. 12-35323 (9th Cir. Feb. 3, 2014).

District Court Applies Statute of Limitations in CAA New Source Review Case with No Owner Change but Limits Enforcement Bar to Penalties323

Commonwealth of Pennsylvania v. Allegheny Energy, Inc., ___F.Supp.2d__, Case No. 05-885 (W.D. Pa. Feb. 6, 2014).

District Court Bars Reliance on Environmental Law Theory of Liability Not Disclosed in Response to Contention Interrogatories325

In re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.Supp.2d___, Case No. 1:00-cv-01898-SAS-DCF (S.D. N.Y. Feb. 6, 2014).

District Court Strikes Down Nebraska Law Allowing Keystone XL Pipeline327

Thompson v. Heineman, ___F.Supp.2d___, Case No. CI 12-2060 (D. Neb. Feb. 19, 2014).


California Court of Appeal Holds that City’s Reliance on Green and Standard Building Codes Did Not Adequately Address Energy Impacts under the California Environmental Quality Act328

California Clean Energy Committee v. City of Woodland, Unpub., Case No. C072033 (3rd Dist. Feb. 28, 2014).

Oregon Court of Appeals Reverses State Agency’s Allocation of Natural Resource Land and Future Development Land Reserves330

Barkers Five, LLC v. Land Conservation & Development Commission, 261 Or.App. 259 (Or. App. Feb. 20, 2014).