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Environmental Updates

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

[Webinar] Where Do We Go From Here? Sustainable Groundwater Management Act (SGMA) Implementation Update - August 15th, 1:00pm PT

by Nossaman LLP on

Join Nossaman attorneys for a webinar to update you about evolving issues related to implementation of the Sustainable Groundwater Management Act (SGMA). Groundwater sustainability agencies have been formed. The process of...more

Supreme Court Denies Depublication Request, Declines To Review CEQA Decision Addressing Discretionary/Ministerial Project Approval...

by Miller Starr Regalia on

On July 26, 2017, the California Supreme Court issued its order denying the losing appellants’ (Sierra Club and Center for Biological Diversity) request for depublication of the opinion in Sierra Club v. County of Sonoma...more

EC Publishes Final Report of Nanocomput Project

by Bergeson & Campbell, P.C. on

In July 2017, the European Commission’s (EC) Joint Research Center (JRC) published a report entitled Evaluation of the availability and applicability of computational approaches in the safety assessment of nanomaterials: ...more

Vail Resorts announces sustainability, net zero plan

by PretiFlaherty on

Vail Resorts, Inc. -- the largest ski and mountain resort operator in the world -- has announced a comprehensive sustainability commitment that calls for "zero net emissions by 2030, zero waste to landfill by 2030 and zero...more

Local California Governments Sue Fossil Fuel Companies for Rising Sea Levels

by Downey Brand LLP on

On July 17, 2017, Marin County, San Mateo County, and the City of Imperial Beach filed three lawsuits in California Superior Court against a number of large oil, gas and coal companies. The complaints assert a variety of...more

In Task Force Report, the EPA Provides a Glimpse Into the Future of Superfund

by Faegre Baker Daniels on

On May 22, 2017, Environmental Protection Agency (EPA) Administrator Scott Pruitt announced the formation of the Superfund Task Force. During his short time at EPA, Administrator Pruitt has emphasized the need to “streamline...more

California Counties and City Sue Energy Companies over Climate Change, Sea Level Rise

by Kelley Drye & Warren LLP on

Using a legal strategy resembling the one that won multi-billion dollar awards from tobacco companies, two California counties and one California municipality filed coordinated environmental lawsuits in California state...more

Legislative Update: Oil & Gas Related Bills Introduced in the 2017-2018 Legislative Session

by Stoel Rives LLP on

Stoel Rives’ Oil & Gas Team has been monitoring bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. Below are the latest updates on a list of bills, summarized pursuant to the...more

Sustainable Development Update - July 2017 #3

by Allen Matkins on

Sustainable Development Focus - Shading and lighting retrofits slash energy use in office demonstration - Phys.org - Jul 11 - By using advanced lighting and automated shades, scientists from the Department of...more

State Programs to Encourage Zero-Emitting Generation are Really, Really, Constitutional

Hard on the heels of decision upholding the Illinois “zero-emission credit” program to prop up nuclear plants in that state, Judge Valerie Caproni of the South District of New York has now upheld a similar ZEC program in New...more

Second Circuit Follows Viking Pump Methodology to Calculate Total Insurance Liability for Environmental Cleanup Efforts Spanning...

On July 17, the U.S. Court of Appeals for the Second Circuit decided the case of Olin Corporation v. OneBeacon America Insurance Company, an environmental insurance recovery lawsuit. Olin Corporation has filed such lawsuits...more

As Trump Declares “We Are Out” of the Paris Accord, Investors Demand More Climate Change Risk Disclosure from Within

by Sedgwick LLP on

Investors from around the world have spoken. For the first time in history, they have publicly demanded more transparent and complete corporate financial risk disclosures related to climate change. While climate change risk...more

DWR Certifies EIR for WaterFix, Triggering 30-Day Deadline for Opponents to File Suit

by Downey Brand LLP on

On July 21, 2017, the California Department of Water Resources (“DWR”) certified the final environmental document and issued its Notice of Determination for the California WaterFix, a significant new water infrastructure...more

Issues to "Bee" Determined: Federal Court Dismisses Preliminary Motions

by Bennett Jones LLP on

Whether or not the decisions by the Pest Management Regulatory Agency (PMRA) to successively register neonicotinoid products on a conditional basis constitute a "continuous course of conduct", and whether or not the PMRA...more

Allocation Governed by “All Sums” Where Policy Contains “Prior Insurance” or “Non-Cumulation” Clause

by Cozen O'Connor on

On July 18, 2017, the U.S. Court of Appeals for the Second Circuit adopted the New York Court of Appeals’ previous holding that the “all sums” provision in the insuring agreement permits an insured to access the limits of all...more

California Flips the Focus from Facility Emission Limits to Community Impact Monitoring and Mitigation

by Morrison & Foerster LLP on

On Monday, July 17, 2017, the California legislature passed a two-bill package, Assembly Bill (AB) 398, which extends California’s Cap-and-Trade Program to 2030, and AB 617, the companion bill that didn’t get as much...more

Uncertainty Looms with Delays to Resolution of California’s Low Carbon Fuel Standard Program Challenges

by Latham & Watkins LLP on

Two recent developments in the interrelated legal challenges commonly known as POET I and POET II may create additional uncertainty for the future of the Low Carbon Fuel Standard Program (LCFS). Earlier this year, the...more

California Proposes New Permitting Procedures for Impacts to Wetlands and Waters of the State

On July 21, 2017, the California State Water Resources Control Board (State Board) published its latest proposal for new permitting procedures that would apply to waters of the State, including wetlands. The proposal – which...more

SCOTUS Update: Environmental and Administrative Law Cases Decided in 2017

The 2016 Term of the U.S. Supreme Court was fairly quiet, perhaps reflecting the fact that with only eight members, the Court needed a working consensus to handle its docket. The Court handed down seventy rulings, but only a...more

Cause for Concern Over Organic Fertilizer Made from Food Waste?

by Downey Brand LLP on

In December 2016, the National Organic Program (NOP) issued guidance 5034-1 that can be interpreted as approving of food waste for use in organic crop production (for example, as an input in fertilizer) without regard to...more

WaterFix EIR Certification and NOD Client Alert

by Downey Brand LLP on

On Friday, July 21, 2017, the California Department of Water Resources (“DWR”) certified the Environmental Impact Report for the California WaterFix tunnels project and filed a Notice of Determination with the Governor’s...more

Commercial building efficiency opportunities

by PretiFlaherty on

A report prepared for the U.S. Department of Energy by the Pacific Northwest National Laboratory found that the nation's commercial building sector has significant potential to save energy by improving control measures and...more

California Environmental Law and Policy Update - July 2017 #3

by Allen Matkins on

Environmental and Policy Focus - California Legislature extends state's cap-and-trade program in rare bipartisan effort to address climate change - Los Angeles Times - Jul 17 - California lawmakers voted Monday...more

CEQA News You Can Use - Vol. 2, Issue 2

Welcome to CEQA News You Can Use, a quarterly publication of Brownstein Hyatt Farber Schreck Natural Resources lawyers. This publication is intended to provide quick, useful bites of CEQA news that we hope can be a resource...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The DOJ is dismissing charges against former JPMorgan employees allegedly mixed up in the London Whale trading scandal that cost JPM more than $6 billion....more

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