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Environmental, Energy and Climate Change Law & Regulation Reporter

August/September 2014

Volume 7, Number 4 August/September 2014


United Kingdom Allocates $337 Million to Renewable Energy Projects95

Report of the U.S.-China Climate Change Working Group Discusses Progress on Climate Change Initiatives97

President Obama Announces Climate Change Initiatives99


Recent Scientific Studies on Climate Change101


California Air Resources Board Releases Report on the Ability of Market Participants to Strategically Impact Cap-and-Trade Pricing104


Recent Investigations, Settlements, Penalties, and Sanctions106



U.S. Supreme Court Denies EPA Authority to Regulate Stationary Sources under the CAA Based on GHG Emissions, but Affirms the Authority to Regulate from Sources Already Subject to Regulation109

Utility Air Regulatory Group v. U.S. Environmental Protection Agency, ___U.S.___, Case No. 12-1146 (Jun. 23, 2014).

Fifth Circuit Finds Agency-Issued Notices of CAA Violation Do Not Represent Final Agency Action over which Courts Have Subject Matter Jurisdic-


Luminant Generation Company, LLC. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 3037692 (5th Cir. July 3, 2014).

Eighth Circuit Reverses Decision Denying Power Plant Operator Rights of Intervention in Clean Air Act Case113

National Parks Conservation Association v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-2613 (8th Cir. Jul. 23, 2014).

District Court Finds U.S. Bureau of Land Management’s Programmatic EIS for Solar Energy Project Complied with NEPA Requirements to Consider Reasonable Alternatives115

Western Lands Project, et al. v. U.S. Bureau of Land Management, et al., ___F.Supp.2d___, Case No. 13-cv-339-JM-JMA (S.D. Cal. June 25, 2014).


California Court of Appeal Holds City’s Eighth Addendum to Its 1980 Airport Master Plan—Involving GHG Emissions—Was California Environmental Quality Act Compliant117

Citizens Against Airport Pollution v. City of San Jose, 227 Cal.App.4th 788 (6th Dist. 2014).

California High Speed Rail Dodges Legal Bullet—California Appellate Court Upholds Project’s Environmental Assessments119

Town of Atherton v. California High Speed Rail Authority, ___Cal.App.4th___, Case No. C070877 (3rd Dist. July 24, 2014).

Iowa Supreme Court Upholds City’s Power Purchase Agreement and Determines Solar Company Is Not a Public Utility . . . . . . . . . . . . . . . . . . . . . . . . . . `121

SZ Enterprises, LLC d/b/a/ Eagle Point Solar v. Iowa Utilities Board, ___N.W.2d___ (Iowa July 11, 2014).