With Marin County’s Mt. Tamalpais often considered the birthplace of mountain biking, it should not be surprising that the County finds itself at the forefront of California’s battle over multi-use trail access and...more
The increasing mandates and incentives for the rapid deployment of energy storage are resulting in a boom in the deployment of utility-scale battery energy storage systems (BESS). In the first installment of our series...more
6/1/2020
/ Batteries ,
Bureau of Land Management ,
CEQA ,
CPUC ,
Electricity ,
Energy Projects ,
Energy Sector ,
Energy Storage ,
Land-Use Permits ,
Local Ordinance ,
NEPA ,
Renewable Energy
The COVID-19 pandemic has resulted in widespread disruption of business and industry across California, including the state’s vibrant renewable energy and energy storage industry. Farella Braun + Martel attorneys are tracking...more
4/27/2020
/ Acquisitions ,
American Recovery and Reinvestment Act ,
Begun Construction Test ,
Coronavirus/COVID-19 ,
Environmental Review ,
Financing ,
Five Percent Safe Harbor Test ,
Investment Tax Credits ,
Land-Use Permits ,
Mergers ,
Physical Work Test ,
Power Purchase Agreements ,
Production Tax Credit ,
Renewable Energy ,
Roundtable ,
Solar Energy
In this op-ed for pv magazine, David Lazerwitz and Linda Sobczynski of Farella Braun + Martel examine the levels of precaution necessary to ensure fire risk mitigation in project development.
Originally published in...more
11/21/2019
/ CEQA ,
Climate Change ,
Construction Project ,
County Planning Commissions ,
CPUC ,
Environmental Impact Report (EIR) ,
Environmental Review ,
Hazard Insurance ,
Housing Developers ,
Infrastructure ,
Office of Planning & Research (OPR) ,
PG&E ,
Public Agencies ,
Renewable Energy ,
Risk Assessment ,
Risk Mitigation ,
Surface Transportation ,
Transmission Grid ,
Urban Planning & Development ,
Wildfires ,
Zoning Maps
A recent ruling by the Fourth Circuit Court of Appeals signals a marked expansion of jurisdiction and potential liability under the Clean Water Act (CWA). Reversing the trial court’s dismissal for failure to state a claim,...more
6/26/2018
/ Appeals ,
Citizen Suits ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Violations ,
Groundwater ,
Jurisdiction ,
Navigable Waters ,
NPDES ,
Pipelines ,
Reversal ,
Standard of Review
The White House’s Council on Environmental Quality (CEQ) announced on June 20, 2018 that it is considering updating its regulations implementing the National Environmental Policy Act (NEPA). Specifically, the CEQ issued an...more
Unpermitted point source discharges that reach navigable waters indirectly, via groundwater, may lead to Clean Water Act (CWA) liability according to the Fourth Circuit Court of Appeals (encompassing Maryland, Virginia, North...more
4/17/2018
/ Appeals ,
Clean Water Act ,
Discharge of Pollutants ,
Dismissals ,
Environmental Liability ,
Groundwater ,
NPDES ,
Oil Spills ,
Permits ,
Pipelines ,
Remand ,
Reversal
A recent ruling by the Ninth Circuit Court of Appeals, which covers California, Oregon and several other western states, potentially extends Clean Water Act (CWA) jurisdiction to require permits for point source discharges...more
2/17/2018
/ Appeals ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Groundwater ,
NPDES ,
Permits ,
Repeal ,
Wastewater ,
Waters of the United States
Federal and state government mandates and incentives, combined with technological advances, have dramatically increased renewable energy sources during the past decade. Variable renewable energy sources such as solar and wind...more
1/11/2017
/ Battery ,
Bureau of Land Management ,
CEQA ,
CPCN ,
CPUC ,
Energy Storage ,
Environmental Impact Report (EIR) ,
Investor-Owned Utilities ,
Land-Use Permits ,
Local Ordinance ,
NEPA ,
Public Health ,
Public Safety ,
Renewable Energy ,
Solar Energy ,
Utilities Sector ,
Wind Power ,
Zoning Laws