Allison Smith

Allison Smith

Stoel Rives LLP

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California Continues Ambitious Regulation of Greenhouse Gas Emissions

Yesterday, Governor Jerry Brown signed Senate Bill (SB) 32 into law, extending and expanding California’s 10-year old greenhouse gas (GHG) emissions reductions mandate under Assembly Bill (AB) 32. SB 32 provides for a 40%...more

9/12/2016 - Cap-and-Trade CARB Energy Policy Greenhouse Gas Emissions Jerry Brown Pending Legislation

What You Need to Know about the Proposed Revisions to Cap and Trade

Late Tuesday, the California Air Resources Board (ARB) released draft amendments to the state’s cap and trade regulation, including revisions to the current program in place through 2020, an extension of the program through...more

7/14/2016 - Cap-and-Trade CARB Carbon Auctions Carbon Emissions Comment Period Energy Sector Manufacturers Oil & Gas Proposed Amendments Regulatory Agenda

EPA Issues Expansive, Costly New Source Performance Standards for Oil and Gas Sector

Widely anticipated on both sides of the aisle, on May 12, 2016, the U.S. Environmental Protection Agency (“EPA”) released final regulations to curb emissions of methane and volatile organic compounds (“VOC”) from additional...more

5/16/2016 - Climate Action Plan EPA Final Rules Methane New Source Performance Standards (NSPS) Oil & Gas

U.S. Supreme Court Stays Clean Power Plan Implementation: Next Steps

The U.S. Supreme Court’s order on February 9, 2016 staying EPA’s implementation of the Clean Power Plan (CPP) will create at least a year of uncertainty about the shape of the future electric power regulatory framework, with...more

2/11/2016 - Clean Power Plan Energy Sector EPA Order to Stay SCOTUS

California Legislative Session Wrap-up

Last Friday, September 11, 2015 was the final day for California legislators to pass bills out of the Legislature and on to Governor Jerry Brown for consideration. This year’s crop of bills included something for both sides...more

9/16/2015 - Climate Change Energy & Climate Debates Energy Policy Greenhouse Gas Emissions Legislative Agendas Oil & Gas Pending Legislation Renewable Energy

U.S. EPA Proposes New Rules on Air Emissions from the Oil and Gas Sector: Impacts to Owners and Operators

On August 18, 2015, the U.S. Environmental Protection Agency (EPA) issued a suite of proposed actions affecting the oil and gas industry. EPA’s proposed Clean Air Act rules address methane emissions from new and modified...more

8/31/2015 - Carbon Emissions Clean Air Act Comment Period Energy Sector EPA Methane New Source Performance Standards (NSPS) Oil & Gas Operational Permits Tribal Lands Volatile Organic Compounds (VOC)

Governor Brown Announces New 2030 Greenhouse Gas Reduction Target for California

This morning, California Governor Jerry Brown announced Executive Order B-30-15, setting a target to reduce greenhouse gas (GHG) emissions in the state to 40% below 1990 levels by 2030. The 2030 target acts as an interim goal...more

4/30/2015 - California Energy Commission CPUC Energy Sector Executive Orders Greenhouse Gas Emissions Jerry Brown Proposed Legislation Regulatory Agenda Trucking Industry

U.S. Supreme Court Hears Oral Arguments on EPA’s Mercury and Air Toxics Standard

Wednesday the U.S. Supreme Court heard oral argument in Michigan v. EPA, a Clean Air Act case involving hazardous air pollutant regulations, with implications for fossil fuel-fired power plant owners and operators in...more

3/27/2015 - Clean Air Act Discharge of Pollutants Energy Sector Hazardous Substances MATS Maximum Achievable Control Technology Michigan v. EPA Oil & Gas Oral Argument Popular Power Plants SCOTUS

California State Senators Announce Legislation To Support Clean Energy and Reduce Greenhouse Gas Emissions

Yesterday, California legislators publicly announced a suite of bills to push forward the state’s ambitious clean energy and carbon reduction goals.  California Climate Leadership, a coalition of state senators, including...more

2/12/2015 - Carbon Emissions Clean Energy Energy Policy Legislative Agendas Proposed Legislation

Bill Targeting 50% RPS Introduced in California Legislature

In his inaugural address earlier this month, Governor Brown, referenced several ambitious goals he would like to see accomplished over the next 15 years, including increasing from one-third to 50 percent the amount of...more

2/2/2015 - Electricity Energy Policy Jerry Brown Renewable Energy Renewable Portfolio Standards

California Governor Pledges 50% Renewable Energy by 2030

In November 2008, former Governor Arnold Schwarzenegger signed Executive Order S-14-08, which set a 33 percent renewable portfolio standard for California by 2020. ...more

1/8/2015 - Energy Policy Jerry Brown Renewable Energy

U.S. Supreme Court Declines to Hear Dispute over California Low Carbon Fuel Standard

Today, the U.S. Supreme Court denied petition for review in Rocky Mountain Farmers Union v. Corey. In Rocky Mountain Farmers, the Ninth Circuit addressed the constitutionality of California’s Low Carbon Fuel Standard (LCFS),...more

7/1/2014 - Carbon Emissions Dormant Commerce Clause Fuel Standards Oil & Gas SCOTUS

Supreme Court Rolls Back EPA's Regulation of Greenhouse Gases in Utility Air Regulatory Group Decision

The U.S. Supreme Court has delivered a stunner with its decision this morning in Utility Air Regulatory Group v. Environmental Protection Agency. The Supreme Court has curtailed the U.S. Environmental Protection Agency’s...more

6/24/2014 - Clean Air Act Climate Change Environmental Policies EPA Greenhouse Gas Emissions Permits Power Plants SCOTUS Title V Utilities Sector Utility Air Regulatory Group v EPA

Air Quality Law Alert: EPA Unveils Sweeping New CO2 Rules

Yesterday, EPA Administrator Gina McCarthy announced two new rules that will ultimately result in the application of carbon dioxide (CO2) standards to existing power plants. The first rule was proposed under Section 111(d) of...more

6/4/2014 - Air Pollution Air Quality Standards Carbon Emissions Clean Air Act Environmental Policies EPA Greenhouse Gas Emissions

U.S. Supreme Court Hears Arguments in Landmark Case on Federal Greenhouse Gas Regulation

My colleague, Daniel Lee, followed oral argument yesterday in the U.S. Supreme Court's consideration of federal greenhouse gas (GHG) regulation in Utility Air Regulatory Group v. EPA, and provides this analysis...more

2/26/2014 - Chevron Deference Clean Air Act EPA Greenhouse Gas Emissions PSD SCOTUS Title V

Caltrans EIR Analysis of Impacts to Redwoods Found Inadequate

In Trisha Lee Lotus v. Caltrans (Jan. 30, 2014), the First District Court of Appeal reversed a Humboldt County Superior Court decision, and ruled that a California Department of Transportation (Caltrans) environmental impact...more

2/12/2014 - Caltrans CEQA Environmental Impact Report (EIR) Environmental Liability Environmental Policies

Nebraska Sues U.S. EPA Over Proposed Greenhouse Gas Emissions Standards for New Power Plants

Nebraska filed suit against the U.S. Environmental Protection Agency (EPA) in federal court on Wednesday, challenging the agency’s newly proposed standards for greenhouse gas emissions from new power plants. Nebraska argues...more

1/20/2014 - Carbon Capture and Sequestration Clean Air Act Energy Policy Act EPA Greenhouse Gas Emissions New Source Performance Standards (NSPS) Oil & Gas Power Plants

California Public Utilities Commission Sets Agenda to Consider RPS Expansion

Assembly Bill (AB) 327 took effect in California at the first of the year, giving the California Public Utilities Commission (CPUC) authority to expand the State’s 33% Renewable Portfolio Standard (RPS). This week, the CPUC...more

1/16/2014 - CPUC Renewable Energy Renewable Portfolio Standards

Governor Brown Outlines Budget Priorities for CalEPA and Natural Resources Agency

Governor Brown released a summary of his proposed 2014-2015 budget this week, including details on proposed environmental protection and natural resources spending. The Governor’s budget provides $3.6 billion in funding for...more

1/13/2014 - Climate Action Plan Climate Change Environmental Policies EPA Farms Marijuana Natural Resources State Water Project Water

Energy Law Alert: California Cap and Trade Auctions Upheld as Constitutional

The Sacramento Superior Court has upheld the constitutionality of California Air Resources Board's ("ARB") cap and trade auctions in the related cases California Chamber of Commerce v. ARB and Morning Star Packing Company v....more

11/19/2013 - Cap-and-Trade Carbon Emissions Climate Change Energy Energy Policy Global Warming Greenhouse Gas Emissions

1.3 GW California Energy Storage Procurement Mandate Approved

The California Public Utilities Commission has unanimously approved a 1,325 MW energy storage procurement target for the state’s largest utilities in Decision 13-10-040. PG&E, SDG&E, and SCE must collectively procure 1,325 MW...more

10/22/2013 - Energy Grid Energy Storage Public Procurement Policies Public Projects Utilities Sector

Energy Law Alert: California Public Utilities Commission Approves 1,325 MW Energy Storage Procurement Target for California...

At its meeting this morning, the California Public Utilities Commission unanimously approved a decision establishing an energy storage procurement target for California's investor-owned utilities (IOUs), electric service...more

10/18/2013 - Energy Grid Energy Storage Procurement Guidelines Utilities Sector

California Air Resources Board Issues Draft Update to AB 32 Scoping Plan

This week the California Air Resources Board (ARB) released a draft of its AB 32 Climate Change Scoping Plan Update. The original Scoping Plan was adopted in 2008 and must be updated every five years. The Scoping Plan serves...more

10/7/2013 - Air Pollution Carbon Emissions Climate Change Environmental Policies Greenhouse Gas Emissions

Second District Court of Appeal finds Failure to Request a CEQA Hearing within 90 Days is Excusable Neglect

The Second District Court of Appeal has issued a decision in Comunidad en Accion v. Los Angeles City Council (case no. B240554 (Sept. 20, 2013), finding that the petitioner’s failure to timely request a hearing under the...more

9/30/2013 - CEQA Excusable Neglect

Ninth Circuit Holds California's Low Carbon Fuel Standard is Constitutional on its Face

Last week, the Ninth Circuit Court of Appeals issued its decision in Rocky Mountain Farmers Union v. Corey, ruling on the constitutionality of California’s Low Carbon Fuel Standard (LCFS). The Court of Appeals reversed the...more

9/23/2013 - Carbon Emissions Dormant Commerce Clause Energy Policy Fuel Standards

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