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California Launches Major Rulemaking to Amend Low Carbon Fuel Standard

By Joshua T. Bledsoe, Michael Dreibelbis, and Max Friedman I. LCFS Readoption On February 19, 2015, the California Air Resources Board (ARB) will take feedback on proposed regulations implementing the readoption and updating of California’s Low Carbon Fuel Standard (LCFS), with formal readoption targeted for the Summer of 2015.  Triggered by legal defects during the … Continue Reading

Opposition to the Startup, Shutdown & Malfunction Rule Cites EPA’s Breach of Cooperative Federalism Principles and Private Deal-Making with Sierra Club

By Claudia O’Brien and Karl Karg In the wake of EPA’s proposed rule to force 36 states to revise their state implementation plans (SIPs) to control emissions during periods of startup, shutdown and malfunction (SSM Rule), a number of states filed comments objecting to EPA’s approach as heavy-handed and contrary to the cooperative federalism scheme … Continue Reading

Renewable Energy Project Challenges — Snapshot of the Litigation Landscape

Janice Schneider of our Washington, D.C. office and Taiga Takahashi of our San Diego office have co-authored a Client Alert entitled “Renewable Energy Project Challenges — Snapshot of the Litigation Landscape.” Since the beginning of 2011, we have been conducting regular and comprehensive surveys of court challenges to renewable energy project approvals in the Western … Continue Reading

SEC Provides Guidance on When Conflict Minerals are “Necessary” for a Product

By: Kelly Richardson, Buck Endemann and Achraf Farraj On August 22, 2012, the Securities and Exchange Commission (the SEC) adopted a final rule implementing the conflict minerals provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act).[1]  The final rule and its adopting release clarify several issues raised by the SEC’s proposed … Continue Reading

California Supreme Court Decision Terminating Redevelopment Agencies Leaves Many Questions and Challenges

By Ursula Hyman and Daniel Van Fleet On December 29, 2011, in California Redevelopment Association v. Matosantos, the California Supreme Court (“Court”) upheld the constitutionality of AB 1X 26, a statute ending redevelopment agencies in the state.  In the same decision, the Court rejected AB 1X 27, which would have allowed a carve out for redevelopment agencies to … Continue Reading

Federal Government Proposes Significant Modifications to Draft Programmatic Environmental Impact Statement for Solar Energy Development in Six Southwestern States

 By Janice Schneider and Joshua Marnitz On October 27, 2011, the Bureau of Land Management (BLM) and the U.S. Department of Energy (DOE) made available the much anticipated targeted Supplement to the Draft Programmatic Environmental Impact Statement for Solar Energy Development in Six Southwestern States (Draft Supplement). 76 Fed. Reg. 66958 (October 28, 2011). The … Continue Reading

Conference: “Navigating the New Green Economy: The Challenges of Climate Change and the Opportunities for Clean Energy”

Latham & Watkins is pleased to co-sponsor the international conference,  “Navigating the New Green Economy: The Challenges of Climate Change and the Opportunities for Clean Energy,” to be held in London, England on May 23-24, 2011. This unique international conference, chaired by the American Bar Association Standing Committee on Environmental Law and the London School … Continue Reading

New Reports Find U.S. Lagging Behind China and Germany In Clean Energy Investments

By L&W Energy Attorneys Both China and Germany have now surpassed the United States in attracting clean energy financing and investments, according to a report – Who’s Winning the Clean Energy Race? 2010 Edition – issued on March 29, 2011 by The Pew Charitable Trusts in collaboration with Bloomberg New Energy Finance.  In 2010, China’s … Continue Reading
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