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Environmental, Energy and Climate Change Law & Regulation Reporter

October 2014

Volume 7, Number 5 October 2014


U.S. Government Accountability Office Accepts Study on the ‘Social Cost’ of Carbon Calculations127

Senate Bill that Would Have Mandated Renewal Energy Portfolios Including Geothermal Generated-Energy and Funding for the Salton Sea Fails to Advance Out of the California Legislature129


Recent Scientific Studies on Climate Change131


EPA Issues Formal Comment Letter Regarding California’s Bay Delta Conservation Plan Draft EIS—Finds It Likely Will Violate Federal Law134

California Air Resources Board Indicates Regulation of Transportation Fuels to Cap-and-Trade Program Will Proceed as Scheduled135

Proposed CEQA Guideline Would Replace ‘Level of Service’ Measurements with New ‘Vehicle Miles Traveled’ Measurements in Analyzing Project Traffic Impacts137


Recent Investigations, Settlements, Penalties, and Sanctions139



Ninth Circuit Holds Diesel Particulate Emissions from Railyards Do Not Constitute a ‘Disposal’ of Solid Waste under RCRA142

Center for Community Action and Environmental Justice, et al. v. BNSF Railway Company, ___F.3d___ Case No. 12-56086 (9th Cir. Aug. 20, 2014).

Ninth Circuit Holds Power Company Must Comply with New Clean Air Act Regulations Despite EPA’s Prejudicial Delay in Approving Permit144

Sierra Club, et al. v. U.S. Environmental Protection Agency, ___F.3d___, Case Nos. 11–73342, 11–73356 (9th Cir. Aug. 12, 2014).

Tenth Circuit Rules that the Duty to Consult under the Federal Endangered Species Act Does Not Extend to an Agency Decision Not to Act146

WildEarth Guardians v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-9524 (10th Cir. July 23, 2014).

District Court Affirms Associational Standing in RCRA Suit Despite Standing Witnesses’ Lack of Voting Rights148

Citizens Coal Council v. Matt Canestrale Contracting, Inc., ___F.Supp.2d___, Case No. 13-896 (W.D. Penn. Aug. 22, 2014).


California Supreme Court Holds that Citizen Sponsored Land Use Initiatives Are Not Subject to California Environmental Quality Act150

Tuolumne Jobs & Small Business Alliance v. Superior Court, 59 Cal.4th 1029 (2014).

New Jersey Appellate Court Orders State Board

of Public Utilities to Reconsider Offshore Wind Project152

In the Matter of The Petition of Fishermen’s Atlantic City Wind Farm, LLC for the Approval of the State Waters Project and Authorizing Offshore Wind Renewable Energy Certificates, Case No. A-003932-13T3 (N.J.App.Div. Aug. 8, 2014).