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California’s New Climate-Related Disclosure Laws

California has enacted two new laws on corporate disclosure of direct and indirect greenhouse gas (GHG) emissions and climate-related financial risks.  Senate Bill (SB) 253, the Climate Corporate Data Accountability Act,...more

U.S. District Court Upholds California’s Cap-and-Trade Agreement with Québec

On July 17, 2020, the U.S. District Court for the Eastern District of California rendered its decision in U.S. v. California (Case 2:19-cv-02142-WBS-EFB), upholding the agreement between California and the Canadian Province...more

Southern California Environmental Law Update

This is the first in a series of posts to provide the latest on environmental and legal developments affecting oil and gas operations and development and other industries in Los Angeles and adjacent counties, as well as the...more

California Extends Cap-and-Trade Through 2030

On July 25, 2017, California Governor Jerry Brown signed legislation extending the state’s cap-and-trade program through 2030. The signing ceremony for Assembly Bill (AB) 398 included former California Governor Arnold...more

California Court of Appeals Upholds California’s Cap-and-Trade Program

On Thursday, a 2-1 decision by the Third District Court of Appeal in Sacramento upheld California’s program to reduce carbon emissions. California’s controversial and signature cap-and-trade program creates a firm limit on...more

California Cap-and-Trade Lawsuit Hits Milestone with Oral Argument at the Court of Appeal

Yesterday, California’s Third District Court of Appeal heard oral argument in the related cases California Chamber of Commerce v. California Air Resources Board and Morning Star Packing Co. v. California Air Resources Board. ...more

New Law Takes Aim at GHG Associated with California’s Water Sector

The recent wave of climate change legislation in California also included a new and not particularly well-known law aimed at curbing greenhouse gas (“GHG”) emissions associated with water use. SB 1425 will create a voluntary...more

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

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

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

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

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

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

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

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

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

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

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