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Environmental, Energy and Climate Change Law & Regulation Reporter

August/September 2015

Volume 8, Number 4 August/September 2015

CLIMATE CHANGE NEWS

Obama Administration and U.S. Environmental Protection Agency Jointly Announce Clean Power Plan87

White House Launches American Business Act on Climate Pledge88

CLIMATE CHANGE SCIENCE

Recent Scientific Studies on Climate Change90

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions93

REGULATORY DEVELOPMENTS

NOAA Most Current El Niño Predictions Continue to Forecast High Likelihood of a Wet California Winter95

LEGISLATIVE DEVELOPMENTS

A Federal Response to the Drought—Three Bills Pending in Congress97

LAWSUITS FILED OR PENDING

Texas Governor Files Amicus Brief Opposing Houston Air Quality Ordinance100

JUDICIAL DEVELOPMENTS

Federal:

U.S. Supreme Court Overturns EPA’s Power Plant Air Toxics Stand-

ards102

Michigan v. U.S. Environmental Protection Agency ___U.S.___, 135 S.Ct. 2699 (June 29, 2015).

Ninth Circuit Denies Petition for Review Clearing the Way for EPA to Retroactively Revise Clean Air Act State Implementation Plans104

Association of Irritated Residents v. U.S. Environmental Protection Agency, 790 F.3d 934 (9th Cir. 2015).

D.C. Circuit Sustains ‘As-Applied’ Clean Air Act Challenges to EPA Regulation Governing Interstate Pollution105

EME Homer City Generation, L.P. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 11-1302 (D.C. Cir. July 28, 2015).

Tenth Circuit Finds Colorado’s Renewable Energy Mandate Does Not Violate the Commerce

Clause107

Energy and Environment Legal Institute v. Epel, ___F.3d___, Case No. 14-1216 (10th Cir. July 13, 2015).

D.C. Circuit Finds Clean Air Act Vehicle Emission

Standards Must Be Based on ‘Commercially Available’ Fuel109

Energy Future Coalition v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-1123 (D.C. Cir. July 14, 2015).

D.C. Circuit Dismisses Challenge to EPA’s Proposed Clean Power Plan as Premature110

In re Murray Energy Corporation, 788 F.3d 330 (D.C. Cir. 2015)

State:

California Court of Appeal Holds Removal of Conservation Overlay on Land Is a Project and Is Not Exempt from CEQA112

Paulek v. Western Riverside County Regional Conservation Authority, 238 Cal.App.4th 583 (4th Dist. 2015).