Allison Smith

Allison Smith

Stoel Rives LLP

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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 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 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 Failure To Request

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

Energy Law Alert: California Public Utilities Commission Proposed Decision Would Mandate 1.3 Gigawatt Energy Storage Procurement

On September 3, 2013, the California Public Utilities Commission issued a Proposed Decision that would require California's largest investor-owned utilities – Pacific Gas and Electric (PG&E), Southern California Edison (SCE),...more

9/6/2013 - Electricity Energy Infrastructure Utilities Sector

Tentative Ruling Issued in California Cap and Trade Auction Lawsuit

A tentative ruling was issued yesterday in the related cases California Chamber of Commerce v. California Air Resources Board (ARB) and Morning Star Packing Co. v. ARB, pending before the Sacramento County Superior Court. ...more

8/30/2013 - California Air Resources Board Cap-and-Trade Carbon Auctions

Appellate Court Finds BAAQMD CEQA Significance Thresholds Did Not Violate CEQA

Greenhouse Gas and Toxic Air Contaminant CEQA Thresholds May Soon Be Reinstated - In California Building Industry Association v. Bay Area Air Quality Management District (filed August 13, 2013) (“CBIA”) , the First...more

8/16/2013 - Air Pollution CEQA Contamination Environmental Policies Greenhouse Gas Emissions Hazardous Substances Threshhold Requirements Toxic Exposure

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