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California’s LCFS Surviving Challenges As Major Changes Loom

The Air Resources Board proposes to merge court-mandated re-adoption of the Low Carbon Fuel Standard with other significant program changes. The Low Carbon Fuel Standard (LCFS) continues to generate uncertainty due to...more

Precondemnation "Right of Entry" Statutes Challenged as Unconstitutional Takings

For years, public agencies have utilized a statutory "right of entry" procedure to gain access to private property to conduct investigations and testing before deciding whether to move forward with a condemnation action. ...more

California Environmental Law and Policy Update

Environmental and Policy Focus - DWR must acquire properties before testing tunnel for diversion of water to Southern California - CourtHouse News - Mar 17: A California appellate court ruled last week that, before...more

Debates Continue Over Taxes And Fees On Hydraulic Fracturing In Ohio And Pennsylvania

In exchange for a $2.6 billion cut to Ohio’s state income taxes, Gov. John Kasich has proposed a package of tax increases in other areas. Included among those increases would be the gradual implementation of a 2.75 percent...more

The Environmental Protection Agency’s Authority to Amend the Renewable Fuel Standard

In this article: - Introduction - EPA’s Underlying Authority to Interpret the CAA - RFS Volume Mandate Reduction Authority under the CAA - Analysis of EPA’s Authority to Amend the RFS Regulatory...more

Clean Air Act Ruling May Curb Suits

Last month, the 9th U.S. Circuit Court of Appeals declined to re-hear en banc a decision handed down last October by a three-judge panel, thereby leaving in place a decision that could be a major hurdle for plaintiffs in...more

Home Rule on Display in Los Angeles: First Oil-Producing City in California to Enact a Moratorium on Hydraulic Fracturing

It was only a matter of time before a city banned hydraulic fracturing in California - a “home rule” state, where cities and localities are permitted by constitutional amendment to enact and enforce their own zoning laws as...more

Colorado Group Submits Another Anti-Fracking Statewide Ballot Petition For Consideration

Colorado voters may have yet another anti-fracking statewide ballot initiative to consider this November. The proposed constitutional amendment that was submitted to the Colorado Legislative Council on February 21 would...more

Ninth Circuit Denies Rehearing in Clean Air Act Greenhouse Gas Case

As we discussed in an earlier post, in October 2013 the Ninth Circuit held in Washington Environmental Council v. Bellon, 732 F.3d 1131, that it lacked jurisdiction to hear certain environmental organizations’ challenge to...more

Ninth Circuit Denies Rehearing of Clean Air Act Suit and War of Words Ensues

On February 3, 2014, the United States Court of Appeals for the Ninth Circuit declined to rehear en banc a decision handed down last October by a three-judge panel, thereby leaving in place a decision that could significantly...more

Contrary Legal Winds At Cape Wind - Opponents Of Offshore Wind Sue Asserting Preemption

Would you care to hazard a guess at how long it takes to bring online an offshore wind farm in the United States? At the moment, it is 12+ years and counting. A recent court filing arguing constitutional questions is...more

Fracking: A New Contact Sport

One of the more interesting developments coming from the rise in hydraulic fracturing (fracking) is the efforts by municipalities to prohibit or limit fracking in their backyards, and the ensuing debates on the...more

California Environmental Law and Policy Update - January 31, 2014

Environmental and Policy Focus: Ninth Circuit debates application of dormant Commerce Clause - CourtHouse News - Jan 22: A Ninth Circuit appellate panel’s rejection of a challenge to the “life-cycle analysis” approach...more

Challenge Against DOGGR Can't Stand Under SB 4: Alameda County Judge Throws Out Environmental Suit

Environmental groups will have to wait to challenge hydraulic fracturing activities in the state of California until the Division of Oil, Gas, and Geothermal Resources (“DOGGR”) issues its permanent regulations in 2015. ...more

Pennsylvania Supreme Court Declares Portions of Marcellus Shale Act Unconstitutional, Upholds Local Regulation of Oil and Gas...

On December 19, 2013, in Robinson Township v. Commonwealth of Pennsylvania et al., the Pennsylvania Supreme Court declared portions of Act 13 of 2012 (Act 13), commonly known as the “Marcellus Shale Act,” unconstitutional. As...more

Pennsylvania Governor Asks Supreme Court to Reconsider Decision Striking Down Act 13

Governor Tom Corbett is asking the Pennsylvania Supreme Court to reconsider its December 19, 2013 decision striking down key provisions of Act 13 — a bill aimed at regulation of drilling activity in Pennsylvania’s Marcellus...more

Drilling Down: A Look at the State of Hydraulic Fracturing Regulation, Legislation and Litigation in 2013

Hydraulic fracturing remained one of the most controversial environmental issues of 2013. Hydraulic fracturing, also known as fracking, is the process of injecting water, chemicals and “proppants,” oftentimes sand, under...more

Pennsylvania Supreme Court Ruling Impacts Shale Development

On December 19, 2013, the Pennsylvania Supreme Court issued its decision on the constitutionality of Act 13—a comprehensive set of amendments to the Pennsylvania Oil and Gas Act. The court declared unconstitutional certain...more

The Top 6 At 12: Highlights Of The Top Climate Change Legal Stories In The Second Half Of 2013

2013 has drawn to a close; here is our take on the top six climate change legal stories in the last six months. 1. Climate Change Assessments - Blockbuster legislation may have been evaded once more but that has not...more

Pennsylvania Supreme Court Strikes Down Pro-Industry Law

In Robinson Township v. Commonwealth of Pennsylvania, the Pennsylvania Supreme Court dealt a major blow to the energy industry. By a 4-2 decision the Court struck down a 2012 law (commonly known as “Act 13”) aimed at...more

PA Supreme Court Holds Portions of Oil and Gas Act Unconstitutional

The Pennsylvania Supreme Court recently held that several provisions of Act 13 of the Pennsylvania Oil and Gas Act are unconstitutional as it gives Marcellus Shale and natural gas drillers unfettered access to drilling...more

Pennsylvania Supreme Court Strikes Down Act 13

Last week, the Pennsylvania Supreme Court struck down a state law that required municipalities to permit oil and gas drilling in all zoning districts, including those designated exclusively for residential use. In a 4 to 2...more

Pa. Supreme Court Rules Key Oil and Gas Law Unconstitutional

The Pennsylvania Supreme Court last week struck down provisions of a state law known as Act 13, ruling that municipalities retain the right to enact stricter zoning controls on the oil and gas industry than those established...more

The Four Biggest Takeaways from the Pennsylvania Supreme Court’s Marcellus Shale Decision

In a huge victory for municipal governments and opponents of unconventional gas drilling, the Pennsylvania Supreme Court struck down portions of the commonwealth’s 2012 Oil and Gas Act (also known as “Act 13”). This Alert...more

Pennsylvania High Court Rules on Amended Oil and Gas Act

Decision on Act 13 strikes down Pennsylvania’s attempt to establish a standard set of rules governing development and operation for the oil and gas industry. On December 19, the Pennsylvania Supreme Court issued its...more

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