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Transportation Environmental

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

Sustainable Development Update - August 2017 #2

by Allen Matkins on

Sustainable Development Focus - Salesforce taps SF’s clean energy program to power its offices - San Francisco Chronicle - Aug 7 - CleanPowerSF, the green energy program run by San Francisco’s Public Utilities...more

CA Supreme Court Holds CEQA Not Preempted by Federal Rail Transportation Law for Projects Carried Out by State Agencies

by Perkins Coie on

The California Supreme Court has issued its decision in Friends of the Eel River v. North Coast Railroad, an important case regarding preemption of state environmental law by the Interstate Commerce Commission Termination Act...more

Renewable Energy Update - August 2017

by Allen Matkins on

Renewable Energy Focus - CAISO approves changes to enhance demand response in wholesale markets - Utility Dive - Jul 28 - The California ISO (CAISO) has approved a measure aiming to enhance the ability of demand...more

Calif. High Court: U.S. Rail Law Doesn't Categorically Pre-empt CEQA on Public Entity Projects - Decision Sets Up Showdown with...

by Holland & Knight LLP on

The California Environmental Quality Act (CEQA), Cal. Pub. Res. Code §21000 et seq., imposes significant procedural and substantive requirements on private and public projects throughout the state. However, even a state law...more

California Environmental Law and Policy Update - August 2017

by Allen Matkins on

Environmental and Policy Focus - Reversing course, EPA will not delay an Obama ozone rule - Washington Post - Aug 3 - The U.S. Environmental Protection Agency (EPA) has reversed its effort to delay Obama...more

CEQA Not Preempted in State-Owned Rail Project - California Supreme Court Decision Could Impact High-Speed Rail Project

by Best Best & Krieger LLP on

In a decision that could have significant implications for California’s high-speed rail project, the California Supreme Court recently held in Friends of the Eel River v. North Coast Railroad Authority that the federal...more

“Self-Governance,” Not “Regulation”: California Supreme Court Rules No Federal Preemption of CEQA under ICCTA for State-Owned Rail...

by Downey Brand LLP on

On July 27, the California Supreme Court released its long-awaited decision in Friends of the Eel River v. North Coast Railroad Authority (S222472), resolving a split among the State’s courts of appeal—but arguably...more

California Supreme Court Holds CEQA Applies to State Entity’s Railroad Project on State-Owned Rail Line As Act of...

by Miller Starr Regalia on

On July 7, 2017, the California Supreme Court filed its 69-page opinion, written by Chief Justice Cantil-Sakauye and joined by five other justices, in Friends of the Eel River v. North Coast Railroad Authority, et al. (2017)...more

Mid County Parkway Freeway Infrastructure Project Prevails for Second Time - BB&K Attorneys Represent RCTC; Defeat Environmental...

by Best Best & Krieger LLP on

For the second time, a judge has sided with Best Best & Krieger LLP environmental attorneys in a dispute over a freeway infrastructure project in Riverside County. A CEQA challenge to the project was dismissed by a Riverside...more

California Supreme Court Rejects Attorney General's Challenge to SANDAG's Transportation Plan

by Holland & Knight LLP on

The California Supreme Court, in a 6-1 ruling, in Cleveland National Forest Foundation, et al v. San Diego Association of Governments (2017) ___ Cal. 5th __, Supreme Court Case No. 5223603 held that San Diego Association of...more

New Fund Presents Opportunity For Local Proponents Of Zero-Emission Vehicles And Related Infrastructure

by McCarter & English, LLP on

States, local governments, and businesses interested in zero-emission vehicles—such as electric cars—may get a needed boost from the Zero-Emission Vehicle (ZEV) Investment Fund. This fund was established in the wake of the...more

California Supreme Court Reverses Court of Appeal Decision to Invalidate SANDAG's Regional Transportation Plan EIR for its GHG...

by Allen Matkins on

In Cleveland Nat’l Forest Found. v. San Diego Ass’n of Gov’ts (July 13, 2017), the California Supreme Court reversed the Court of Appeal decision regarding the inadequacy of the greenhouse gas (GHG) emissions impacts analysis...more

Lead Agencies Need Not (Necessarily) Consider Governor’s Executive Orders When Analyzing Emissions - California Supreme Court...

by Best Best & Krieger LLP on

In a highly anticipated decision, Cleveland National Forest Foundation v. San Diego Association of Governments, the California Supreme Court held recently that an environmental impact report for a regional transportation plan...more

Electrification of the Auto Industry Steps on the Gas

by Foley & Lardner LLP on

On the heels of Volkswagen announcing moves toward electrifying its vehicle fleet, and Tesla beginning its production run of its highly anticipated Model 3, several other recent developments show momentum continuing to build...more

California Supreme Court Again Considers Climate Change in the Context of CEQA, But Fails to Resolve Important Uncertainties for...

by Downey Brand LLP on

Yesterday, in an opinion authored by Justice Liu, the California Supreme Court ruled that the greenhouse gas analysis in an environmental impact report (“EIR”) prepared for the San Diego Association of Government’s (“SANDAG”)...more

Defeating Proposed Common Issues—Lessons from Pro-Sys

by Bennett Jones LLP on

Kalra v Mercedes Benz Canada, 2017 ONSC 3795, is a recent certification decision of the Ontario Superior Court in which Justice Belobaba certified the proposed emissions standards class action seeking damages for diminution...more

China Updates New Industry Catalogue - PRC reduces regulatory procedures for foreign investments following its 2016 reforms

On June 28, 2017, the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) of the People’s Republic of China (China) promulgated the 7th updated version of the Catalogue of Industries for...more

An In-Depth Examination of China’s New Cybersecurity Law

by Ropes & Gray LLP on

On June 1, 2017, China’s new cybersecurity law, the Network Security Law of the Peoples Republic China (“Cybersecurity Law”) went into effect. The Cybersecurity Law contains an overarching framework regulating network...more

Canada Proposes New Regulations to Strengthen Rail Security for the Transportation of Dangerous Goods

On June 24, 2017, the federal government proposed new regulations under the Transportation of Dangerous Goods Act, entitled the Transportation of Dangerous Goods by Rail Security Regulations (Rail Security Regulations). The...more

Governments Pursue Legislation to Bolster Electric Vehicle Usage

by Foley & Lardner LLP on

Around the world, governments are considering how to spur electric vehicle adoption and usage. One area of focus is infrastructure development. In the United Kingdom, the Queen’s Speech included the announcement of an...more

From IDOT to School Gardens: Providing Sanctuary for Monarch Butterflies

by Franczek Radelet P.C. on

The Illinois Department of Transportation (IDOT) recently joined a national campaign to protect endangered monarch butterflies. As of May 2017, IDOT is mowing only 15 feet from the edge of roadways, reducing the total amount...more

Up in the Air - Will EPA rulemaking on carbon emission design standards for aircraft be the next Obama climate initiative on the...

Trump Administration officials followed up on the President’s June 1 announcement of U.S. withdrawal from the Paris climate accord by announcing that the Administration was reviewing U.S. participation in ICAO’s global...more

Environmental Case Law Update – 1st Six Months of 2017

On March 21, 2017, the United States Supreme Court decided the case of National Labor Relations Board v. SW General, Inc. This case concerns the operation and application of the Federal Vacancies Reform Act of 1998 (FVRA). ...more

Car Sharing Act - New Benefits for Car Sharing Offerings in Germany

by White & Case LLP on

Over the last several years, car sharing has become a frequently used supplement to public transportation and an alternative to purchasing a personal vehicle. Car sharing not only provides expanded mobility and flexibility...more

Green Cars: Reducing Range Anxiety and Increasing Incentives

by Snell & Wilmer on

The “green car” market is growing. Tesla may lead the way in luxury, but almost all auto manufacturers are investing significantly in plug-in electric vehicles (EV(s)). Policy, law, and regulation must change as the EV market...more

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