Public agencies prevailed in 71% of CEQA cases analyzed. By James L. Arnone, Daniel P. Brunton, Nikki Buffa, Marc T. Campopiano, Peter J. Gutierrez, John C. Heintz, Lauren E. Paull, Aron Potash, Lucas I. Quass, Natalie C. Rogers, Jennifer K. Roy, and Winston P. Stromberg Latham & Watkins is pleased to present its fifth annual … Continue Reading
The Draft 2022 Scoping Plan Update takes an all-of-the-above approach to decarbonize California. By Joshua T. Bledsoe and Brian McCall On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update for public review and comment. Originally, the California Global Warming Solutions Act of 2006 required CARB to develop … Continue Reading
CCUS and clean hydrogen will play a significant role in the Administration’s efforts to address hard-to-decarbonize industries to promote clean US manufacturing. By Janice Schneider, Nikki Buffa, and Kevin Homrighausen On February 15, 2022, the White House announced important actions in furtherance of the Biden Administration’s broader decarbonization goals — this time with an eye … Continue Reading
The president’s executive order aims to use the US government’s procurement power to achieve “carbon pollution-free electricity” by 2030 and net zero emissions by 2050. By Jennifer Roy and Julie Miles On December 8, 2021, President Biden issued an Executive Order on Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability (EO), which aims to … Continue Reading
CEQ report calls for widespread CCUS deployment to achieve climate goals. By Joshua T. Bledsoe, Nikki Buffa, and Nolan Fargo On June 30, 2021, the White House Council on Environmental Quality (CEQ) issued a report to Congress that outlines a framework for how the US can accelerate carbon capture, utilization, and sequestration (CCUS) technologies and … Continue Reading
With increasing pressure to fight climate change, scientists, and leaders agree that carbon capture, use, and storage (CCUS) is a cost-effective solution to meet emissions goals made under the Paris Agreement. In his interview with Hart Energy, Latham partner JP Brisson discusses how aggressive efforts are needed to meet the net-zero goal, but oil and … Continue Reading
A local air district approved a rule requiring warehouses to adopt clean technologies or pay a mitigation fee. By Joshua T. Bledsoe and Jennifer Garlock At a contentious board hearing on May 7, 2021, the South Coast Air Quality Management District (SCAQMD) approved a first-in-the-nation rule to regulate trucking emissions from warehouses by a 9-4 … Continue Reading
The program will include a multi-jurisdictional cap-and-invest program and aims to address environmental justice and equity concerns. By Jean-Philippe Brisson, Joshua T. Bledsoe, Benjamin Einhouse, and Brian McCall On December 21, 2020, the Governors of Massachusetts, Rhode Island, and Connecticut, as well as the Mayor of the District of Columbia, announced that their respective jurisdictions … Continue Reading
Public agencies prevailed in 68% of CEQA cases analyzed. By James L. Arnone, Daniel P. Brunton, Nikki Buffa, Marc T. Campopiano, and Winston P. Stromberg Latham & Watkins is pleased to present its fourth annual CEQA Case Report. Throughout 2020 Latham lawyers reviewed each of the 34 California Environmental Quality Act (CEQA) appellate cases, whether … Continue Reading
The novel regulation aims to reduce GHG emissions from ride-sharing vehicles in California. By Joshua T. Bledsoe and Jen Garlock The California Air Resources Board (CARB) is developing the Clean Miles Standard, a regulation to reduce greenhouse gas (GHG) emissions from ride-sharing vehicles and encourage broader adoption of zero-emission vehicles (ZEV), pursuant to Senate Bill … Continue Reading
The Governor has issued an Executive Order with sweeping implications for the oil and gas industry and others. By Jean-Philippe Brisson, Joshua T. Bledsoe, Nikki Buffa, and Brian F. McCall On September 23, 2020, California Governor Gavin Newsom signed Executive Order N-79-20, which will have sweeping implications for the oil and gas industry, automakers, low-carbon … Continue Reading
In recent LCFS amendments, CARB introduced a new price cap on all LCFS credit transfers and authorized limited future credit borrowing. By Joshua T. Bledsoe, Brian F. McCall, and Kevin A. Homrighausen On November 21, 2019, the California Air Resources Board (CARB) passed Resolution 19-27, approving several amendments to the Low Carbon Fuel Standard (LCFS) … Continue Reading
A local air district is developing a rule that would require both existing and proposed warehouses to reduce trucking emissions or pay a mitigation fee. By Joshua T. Bledsoe The South Coast Air Quality Management District (SCAQMD or District) is developing a so-called Indirect Source Rule (ISR) that would require Southern California warehouses to reduce … Continue Reading
2018 Year in Review: Public agencies prevailed in 65% of CEQA cases analyzed. By James L. Arnone, Marc T. Campopiano, Christopher W. Garrett, and Lucinda Starrett Over the course of 2018, Latham & Watkins lawyers reviewed all 57 California Environmental Quality Act (CEQA) cases, both published and unpublished, that came before California appellate courts. These … Continue Reading
California proposes phasing out the use of SF6 in GIE and further reducing allowable GHG emissions from such equipment. By Aron Potash and Kimberly D. Farbota California Air Resources Board (CARB) staff recently published a discussion draft (Draft Amendments) of potential changes to the current Regulation for Reducing Sulfur Hexafluoride Emissions from Gas Insulated Switchgear … Continue Reading
CEQA Case Report: Understanding the Judicial Landscape for Development[I] By Christopher W. Garrett, Daniel Brunton, James Erselius, and Derek Galey In a published decision issued June 12, 2018, County of Ventura v. City of Moorpark, Case No. B282466, the California Court of Appeal rejected part of the County of Ventura and the City of Fillmore’s … Continue Reading
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, James A. Erselius, and Robert C. Hull In an unpublished opinion issued May 31, 2018, Save Adelaida v. County of San Luis Obispo, Case No. B279285, the California Court of Appeal partially affirmed the trial court’s decision and held … Continue Reading
Latham lawyers discuss the business implications of the new legislation. By Tommy P. Beaudreau, Marc T. Campopiano, Michael J. Gergen, Joshua T. Bledsoe, and Jennifer K. Roy Senate Bill 100, signed into law by Governor Jerry Brown on September 10, 2018, aims to raise California’s already ambitious renewable energy standards by 2030, with an ultimate … Continue Reading
By Christopher H. Norton, Lucas I. Quass, and Derek Galey CEQA Case Report: Understanding the Judicial Landscape for Development[I] In an unpublished opinion issued July 10, 2018, Sierra Club v. County of Kern, Case No. F071133, the California Court of Appeal reversed the trial court’s decision and remanded for the issuance of a new writ … Continue Reading
Harvard professor Robert Stavins joins Latham partner Bob Wyman to review key climate change mitigation policies. California’s climate change mitigation program is widely viewed as one of the most comprehensive of its kind — encompassing a cap-and-trade component and a series of complementary measures with specific performance targets for important sectors such as motor vehicles, … Continue Reading
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
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
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
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
