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Read need-to-know updates, commentary, and analysis on Elections & Politics issues written by leading professionals.

California Environmental Law and Policy Update - July 2017 #4

by Allen Matkins on

Environmental and Policy Focus - California Supreme Court ruling bolsters bullet train foes - ABC News - Jul 27 - Federal law does not completely preempt application of California’s strict environmental...more

California Environmental Law & Policy Update - June 2017 #2

by Allen Matkins on

Environmental and Policy Focus - EPA moves to repeal its own Obama-era “Waters of the United States” rule - The Hill - Jun 27 - The Environmental Protection Agency (EPA) formally proposed Tuesday to repeal the...more

California Supreme Court Denies Request to Review Cap-and-Trade Case

by Stoel Rives LLP on

Yesterday the California Supreme Court denied a petition for review of the cap-and-trade lawsuits brought by a coalition of business interests, headed by the California Chamber of Commerce and Morning Star Packing Company....more

California Environmental Law & Policy Update - May 2017

by Allen Matkins on

Environmental and Policy Focus - EPA, clean energy spared Trump's ax in $1.1 trillion budget deal - Bloomberg - May 1 - Environmental programs marked for termination or deep cuts by President Donald Trump got a...more

Exxon Case Against AGs Transferred to New York: Judge Kinkeade Fires a Parting Shot

On Wednesday, Judge Ed Kinkeade ordered that Exxon Mobil’s suit against NY Attorney General Eric Schneiderman and Massachusetts Attorney General Maura Healey be transferred to the Southern District of New York.  The AGs must...more

EPA Surrenders in the Regional Haze Dispute With Texas

As I noted when the 5th Circuit Court of Appeals stayed EPA’s disapproval of Texas’s regional haze plan, EPA had pretty much no chance of winning. Although the parties then stayed the litigation to talk settlement, EPA...more

CFTC Likely Will Not Move Forward on Controversial Proposal to Allow Private Claims for Fraud and Market Manipulation in...

In May 2016, the Commodity Futures Trading Commission (CFTC) proposed an amendment to a 2013 order concerning regional transmission organization (RTO) and independent system operator (ISO) organized electric markets that...more

The Impact of PROMESA on Creditors

On June 30, 2016, the United States Senate passed the “Puerto Rico Oversight, Management and Economic Stability Act” (“PROMESA”) and it was quickly signed into law by President Obama. PROMESA enables the Commonwealth of...more

What’s To Know About the Defend Trade Secrets Act of 2016

by Gray Reed & McGraw on

Congress has passed the Defend Trade Secrets Act of 2016 and the president is expected to sign it into law. The DTSA allows suits in federal court for misappropriation of trade secrets. Before the DTSA, most litigants would...more

Sixth Circuit Exercises Jurisdiction over Federal Clean Water Rule Challenges

by Best Best & Krieger LLP on

Nationwide Stay of WOTUS Rules Remains in Effect - On February 22, 2016, the Sixth Circuit ruled that it has jurisdiction to hear numerous consolidated petitions filed in both district and circuit courts across the...more

The Long and Winding Road of the Clean Power Plan Litigation

by Dorsey & Whitney LLP on

The Clean Power Plan (CPP) is without a doubt one of the most complex and controversial regulatory undertakings in the EPA’s history, so much so that it was challenged in court – twice – before it was even published in the...more

California Environmental Law & Policy Update - February 2016 #2

by Allen Matkins on

Environmental and Policy Focus - Supreme Court deals blow to President Obama’s efforts to regulate power plant greenhouse gas emissions - New York Times - Feb 9 - In a major setback for President Obama’s...more

Trade & Manufacturing - February 2016

by King & Spalding on

President Obama Highlights TPP, Cuba Embargo in Final State of the Union Address - On January 12, President Obama delivered his seventh and final State of the Union Address to Congress and the American people. Among the...more

Breaking News - SCOTUS Stays the Implementation of the Clean Power Plan

The United States Supreme Court ("Supreme Court"), in a rather surprising and unprecedented move, issued a ruling staying the Environmental Protection Agency's ("EPA") implementation of the Clean Power Plan. As you know, the...more

United States Supreme Court Grants Stay of EPA's 111(d) Clean Power Plan Rule

by Jackson Walker on

On February 9, 2016, the United States Supreme Court granted a stay of EPA's 111(d) Clean Power Plan rule imposing emissions limits on existing power plants. This stay effectively blocks the implementation of this highly...more

Energy Sector Alert Series: A Legislative Outlook

by WilmerHale on

Over the next eight weeks, we will provide a broad look at current and emerging issues facing the energy sector in a series of alerts. In this series, attorneys from across the firm will discuss issues ranging from...more

California Environmental Law & Policy Update - December 2015

by Allen Matkins on

Environmental and Policy Focus: California high court deals blow to Newhall Ranch development project in Los Angeles County - KPCC: - Nov 30 The California Supreme Court on Monday rejected the environmental...more

Pennsylvania Federal Court Strikes Down Ordinance Banning Disposal of Wastewater as Unconstitutional

by Reed Smith on

In Pennsylvania General Energy Co. L.L.C. v. Grant Township, Magistrate Judge Susan P. Baxter of the United States District Court for the Western District of Pennsylvania, in an unpublished opinion, held that several...more

Governor Signs New SGMA Legislation Outlining Procedures for Groundwater Adjudications

by Nossaman LLP on

On Friday, October 9, 2015, Governor Brown signed into law two bills, Assembly Bill 1390 and Senate Bill 226, which outline procedures specific to groundwater adjudications. Last year, the legislature passed the Sustainable...more

California Environmental Law & Policy Update - August 2015 #4

by Allen Matkins on

Environmental and Policy Focus - Federal judge in South Dakota issues eleventh-hour order blocking implementation of EPA/COE’s new definition of 'waters of the United States': The Hill - Aug 27: A federal judge in North...more

California Environmental Law & Policy Update - August 2015 #2

by Allen Matkins on

Environmental and Policy Focus - 15 states sue to block enforcement of Obama administration climate change rules: Bloomberg - Aug 13: Fifteen states led by coal-rich West Virginia – but not including California - asked...more

Utah Legislative Update: 2015 Water Law Legislation

by Snell & Wilmer on

This year the Utah Legislature took action on two water law issues that it has struggled with for several years—the authority of the State Engineer to consider forfeiture during review of change applications and the rights of...more

Mello-Roos Act Can Lawfully Finance Eminent Domain Actions

by Best Best & Krieger LLP on

California Appellate Court Affirms Public Water District's Action to Buy Private Water Company - The Mello-Roos Act can be used to finance acquisitions by eminent domain, the Second District Court of Appeal affirmed in a...more

Court Strikes Down Surcharge on Utility Users Imposed Under a Franchise Agreement

by Best Best & Krieger LLP on

Surcharge Collected for General Revenue Purposes Under a Franchise Agreement must be Approved by Voters - A surcharge on electric utility bills collected by a power company pursuant to a franchise agreement and remitted...more

Colorado State Court Strikes Down a Second City-Wide Fracking Ban

by BakerHostetler on

A Colorado state judge recently struck down a city’s voter-approved moratorium on hydraulic fracturing, or “fracking.” This marks the second time a Colorado judge has quashed a city’s fracking ban within a matter of two...more

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