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Environmental, Energy and Climate Change Law & Regulation Reporter

March 2015

Volume 7, Number 10 March 2015

CLIMATE CHANGE NEWS

White House Announces Draft Proposed Program for Offshore Oil and Gas Leasing271

In Amicus Brief Utilities Urge Eighth Circuit Court of Appeals to Strike Down Minnesota Emissions Law272

Miami-Dade County’s Commissioners Wake Up and Smell the Sea Level Rise in Florida274

California Legislative Update: California to Continue Leading the Charge on Climate Change276

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change277

REGULATORY DEVELOPMENTS

EPA to Publish Proposed Methane Rule for Oil and Gas Sector in Summer 2015281

EPA Places Burden on States to Meet Their Clean Air Act ‘Good Neighbor’ Obligations to Curb Interstate Transport of Ozone-Forming Air Pollu-

tion282

State Department of Conservation Releases Draft Environmental Impact Report for Fracking284

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions286

JUDICIAL DEVELOPMENTS

Sixth Circuit Finds Coal Mine Complying with Clean Water Act General Permit Is Shielded from Liability for Pollutant Discharges Not Explicitly Addressed in the Permit287

Sierra Club v. ICG Hazard, LLC, ___F.3d___, Case No. 13-5086 (6th Cir. Jan. 27, 2015).

District Court Finds Solar Project Owner May Intervene in Tribal Challenge to Blythe California

Project289

Colorado River Indian Tribes et al. v. U.S. Department of the Interior, ___F.Supp.3d___, Case No. 5:14-cv-02504 (C.D. Cal Jan. 2, 2015).

District Court Finds Potential CERCLA Liability

for Discharge of Aerial Emissions in Canada Resulting in Pollutants Contaminating U.S. Water

Bodies290

Pakootas v. Teck Cominco Metals, Ltd., ___F.Supp.3d___, Case No. CV-04-256-LRS (E.D. Wash. Dec. 31, 2014).

District Court Precludes County’s Attempt to Prohibit Application of Supremacy Clause and Preemption Doctrine to Ban Certain Oil and Gas Mining—Including Fracking293

Swepi, LP v. Mora County, N.M., ___F.Supp.3d___, Case No. CIV 14-0035 JB/SCY (D. N.M., Jan. 19, 2015).