Jennifer Jeffers

Jennifer Jeffers

Morrison & Foerster LLP

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California’s Cap-and-Trade Auction Is Not a Tax: Court Decides “Close Question”

In a twin set of wins for the state, two lawsuits challenging California’s flagship cap-and-trade auction system first implemented in November 2012 were rejected by Sacramento Superior Court Judge Timothy Frawley this...more

11/18/2013 - Cap-and-Trade Carbon Emissions Environmental Policies Greenhouse Gas Emissions

2013 CEQA and Land Use Legislative Roundup: Baby Steps, Few Leaps as California Remains Committed to Sustainable Policies

Although 2013 was not a banner year for the passage of new environmental legislation, Governor Brown did sign several bills that make modest changes to the California Environmental Quality Act (CEQA), revisit incentives for...more

11/6/2013

Break Out the Crystal Ball—But Only If You Have the Evidence to Support It: California Supreme Court Affirms Agency Discretion to...

In a highly anticipated decision published today, the California Supreme Court affirmed that the use of a future baseline for analyzing certain environmental impacts is appropriate when supported by substantial evidence. The...more

8/6/2013 - CEQA Delegation of Discretion Environmental Assessments Environmental Claims Evidence

Nothing in Common: Fifth District Court of Appeal Rejects City-Applicant Protections for Pre-Project Approval CEQA Communications

Inserting uncertainty in the already murky area of the scope of the administrative record under the California Environmental Quality Act (CEQA), California’s Fifth District Court of Appeal has held that pre-project approval...more

8/1/2013 - Attorney-Client Privilege CEQA Common-Interest Privilege Split of Authority Wal-Mart

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