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Administration's Executive Order on Climate and Energy Is Controversial, and May Shift Action to States

On March 28, 2017, President Trump issued an “Executive Order on Promoting Energy Independence and Economic Growth” (E.O.) that takes aim at a broad range of federal climate and energy programs and regulations. The E.O....more

EPA to Reconsider Previous Determination on Greenhouse Gas Emission Standards for Light-Duty Cars and Trucks

On March 15, 2017, the U.S. Environmental Protection Agency (EPA) announced that the agency and the U.S. Department of Transportation will jointly reconsider EPA’s January 12, 2017 determination not to change greenhouse gas...more

EPA Issues Final Determination That No Adjustments to GHG Standards for Model Years 2022-2025 Will Be Made, but Questions Remain

On January 12, the U.S. Environmental Protection Agency (EPA) finalized its determination not to change greenhouse gas (GHG) emission standards for cars and light trucks manufactured in model years (MYs) 2022-2025. This...more

Energy Policy In The Trump Era: Part 2

Presidential elections matter. President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment and climate change. Reducing regulation...more

Energy Policy In The Trump Era: Part 1

Presidential elections matter. President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment and climate change. Reducing regulation...more

Fuel Economy and Greenhouse Gas Emission Standards for Automobiles: EPA Announces That No Adjustments to the Standards for Model...

The United States Environmental Protection Agency (EPA or Agency) yesterday announced its proposed determination that greenhouse gas (GHG) emission standards for light-duty vehicles (LDVs) manufactured in model years (MYs)...more

Trump Administration Expected to Change Emphasis on Energy Sources and Seek to Reverse or Limit Many Environmental and Climate...

Presidential elections matter. President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment, and climate change. Reducing regulation...more

California Supreme Court Rejects "New Project" Test In High Profile CEQA Suit

“Enough already!” Reading between the lines, this is what a seemingly exasperated California Supreme Court appears to be saying in its latest California Environmental Quality Act (“CEQA”) decision?Friends of the College of...more

Drones: FAA Issues Long-Awaited Final Rule for Small Unmanned Aircraft Systems

On Tuesday, June 21, the Federal Aviation Administration issued Part 107, the Final Rule for Operation and Certification of Small Unmanned Aircraft Systems (UAS). The Rule comes sixteen months after the FAA issued its Notice...more

Unanimous Supreme Court Sides With Property Owners In Clean Water Act Row

Introduction - On Tuesday, the U.S. Supreme Court issued an important decision that continues a trend of judicial skepticism toward federal agency efforts to avoid judicial review of agency permitting and related...more

CEQA Doesn’t Operate in “Reverse” (Usually)

It’s not quite Star Wars, but in the world of land use, this counts as a blockbuster. The California Supreme Court has decided unanimously that the California Environmental Quality Act (CEQA) generally does not require...more

FAA Announces Drone Registration, but Legal Challenges Loom

[Note: In light of the FAA’s announcement of the drone registry, we’ve revisited our recent analysis of its authority to require registration.] On December 14, 2015, the FAA issued the much-anticipated “Registration and...more

Paris Agreement on Climate Change Boosts Clean Energy Innovation and Finance

On December 12, 2015, 195 countries came together in Paris to adopt a landmark climate change deal. The Paris Agreement creates, for the first time, a long-term global framework that commits nearly every country to reducing...more

Task Force Makes Drone Registration Recommendations Expected to Be Adopted by the FAA, But on What Authority?

On November 21, 2015, the Unmanned Aircraft Systems Registration Task Force Aviation Rulemaking Committee, chartered by the FAA, issued its Final Report to the FAA containing the Task Force’s recommendations for how the FAA...more

The FAA (Re)Acts: Drone Registration, a Federal Task Force, and Hefty Fines

On October 19, 2015, U.S. Transportation Secretary Anthony Foxx and Federal Aviation Administration (FAA) Administrator Michael Huerta announced a plan to require unmanned aircraft vehicle (UAV or “drone”) users to register...more

Friendly Skies in California After Governor Brown Vetoes Drone Restrictions, Federal Response Uncertain

Iconic California tech companies are helping to pioneer the drone revolution. For over a year, Google’s advanced-research arm, Google X, has been testing its Project Wing aircraft in cooperation with NASA, moving ever-closer...more

California's New Climate Era: SB 350 and Beyond

Two out of three ain’t bad. Climate change policy advocates may find themselves quoting Meat Loaf with the enactment of Senate Bill (SB) 350, which California’s Legislature passed last month and which Governor Jerry...more

The Clean Power Plan's Winners And Losers

Citing “immediate risks” to national security, public health and the economy, the Obama administration adopted ambitious regulations and policies to implement its Clean Power Plan, establishing the first national standards to...more

Obama Administration Adopts Landmark Clean Power Plan

Citing “immediate risks” to national security, public health, and the economy, the Obama Administration adopted ambitious regulations and policies to implement its Clean Power Plan, establishing the first ever national...more

Drones: FAA Announces Pathfinder Program to Explore BVLOS and Urban Drone Operations

The FAA’s regulatory actions on unmanned aircraft systems (“UAS”) are accelerating, making it more important than ever for those in the industry—and those looking to use this technology in their own sectors—to keep their eyes...more

It’s Not Unusual: California Supreme Court Declines to Expand “Unusual Circumstances” Exception to CEQA Categorical Exemptions

In an important and highly anticipated decision under the California Environmental Quality Act (CEQA), the California Supreme Court overturned a Court of Appeal’s decision that would have severely limited public agencies’...more

The Small Drones Rule: FAA Takes a Step in the Right Direction

Over the weekend of Feb. 14, the FAA issued a much-anticipated Notice of Proposed Rulemaking (NPRM) for small Unmanned Aircraft Systems (UAS)—i.e., drones weighing less than 55 pounds. The oft-delayed NPRM comes three years...more

May State and Local Governments Control Low-Flying Drones?

Most of the attention paid to drones has focused on issues of aviation and Federal Aviation Administration (FAA) authority. Yet much of the impact of low-flying drones will fall, not on the national air transportation system,...more

Huerta v. Pirker—NTSB Says No More “Gray Area” for Drone Operations

Unmanned aircraft systems (UAS) have operated within an uncertain legal framework while players across a rapidly growing range of commercial industries — from energy to rail transport to forestry to all types of...more

Drones: Why You Should Start Thinking Now About the Anticipated UAS Regulations

With drone technology rapidly advancing and the FAA recently starting to open the door to commercial drone use, companies across industries should begin evaluating how drones can add value to their businesses, if they have...more

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