Dan Gershwin

Dan Gershwin

Morrison & Foerster LLP

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Considerable Costs—Supreme Court Requires EPA to Consider Cost Impacts of Power Plant Toxic Emissions Rules

A closely divided Supreme Court has determined that EPA must consider cost when regulating emissions of hazardous air pollutants from stationary sources. Under the Clean Air Act, EPA has authority to regulate toxic emissions...more

7/1/2015 - Clean Air Act EPA MATS Michigan v. EPA Power Plants SCOTUS

CA Supreme Court Lays Groundwork for New and Expanded Affordable Housing Requirements

In a decision likely to have wide-ranging impacts on the building industry, the California Supreme Court has upheld the City of San Jose’s inclusionary housing ordinance and bolstered California cities’ ability to impose...more

6/17/2015 - Affordable Housing

California Greenhouse Gas Mandates Keep Coming— Governor Orders 40 Percent Reductions Below 1990 Levels by 2030

On April 29, 2015, California’s Governor Jerry Brown issued an executive order to set a new interim target for reducing the state’s emissions of greenhouse gases (GHGs) to 40 percent below 1990 levels by 2030. In March 2015,...more

5/1/2015 - CARB Energy Policy Energy Sector Executive Orders Global Warming Solutions Act Greenhouse Gas Emissions Jerry Brown

Supreme Court Rules Out Clean Air Act Permits for Stationary Sources Based on Greenhouse Gas Emissions…Unless You Are Getting a...

Today, a divided Supreme Court issued a highly anticipated Clean Air Act (the “Act”) decision in Utility Air Regulatory Group v. EPA. In an opinion authored by Justice Scalia, the Court rejected EPA’s application of the Act...more

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

New Prop 65 Warning Requirements on the Horizon?

Proposition 65 warnings could soon become a much bigger burden for businesses. On Friday, March 7, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) released a...more

3/19/2014 - Notice Requirements OEHHA Proposition 65 Toxic Exposure

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