News & Analysis as of

Climate Change Greenhouse Gas Emissions

In 2017 Legislative Sessions, New England States Continue to Lead in Clean Energy and Climate Change Measures

by Holland & Knight LLP on

In their 2017 legislative sessions, New England states continued to show support for clean energy projects and policies, as well as efforts to reduce greenhouse gases, and continue to look to each other in determining what...more

Corporate Sustainability Efforts on Upswing

by Sullivan & Worcester on

Despite the new administration’s efforts to rollback Obama Era environmental regulations, most businesses in the U.S. are maintaining their commitments to sustainability. According to Lucid’s 2017 Sustainability Outlook...more

The Social Cost of Carbon: Not Too Speculative for NEPA

Earlier this week, the Judge Donald Malloy of the District Court for the District of Montana granted summary judgment to the Montana Environmental Information Center on several of its claims alleging that the Office of...more

Has President Trump Done More to Further the Paris Climate Agreement than President Obama?

by Holland & Knight LLP on

A little over a week ago, the Trump administration finally documented President Trump’s previously stated intention to withdraw United States support from the Paris climate change agreement in an official notice delivered to...more

The New Administration’s Efforts to Deconstruct the Obama Climate Initiatives

by Sullivan & Worcester on

President Trump is spearheading a government-wide roll back of Obama Era climate initiatives. The president and his EPA Administrator, Scott Pruitt, have delivered a one-two punch. They both have denied the impact of human...more

The Montreal Protocol Is Not a Climate Change Statute

Earlier this week, the D.C. Circuit Court of Appeals struck down part of an EPA rule promulgated pursuant to the Montreal Protocol. The section that was struck down would have required manufacturers of HFC-134a, which is not...more

California Extends Cap-and-Trade Through 2030

by Stoel Rives LLP on

On July 25, 2017, California Governor Jerry Brown signed legislation extending the state’s cap-and-trade program through 2030. The signing ceremony for Assembly Bill (AB) 398 included former California Governor Arnold...more

California Governor Signs Climate Change Law Extending the Cap-And-Trade Program Until 2030

by Holland & Knight LLP on

AB 398 passed in both the California State Senate and Assembly with a two-thirds majority of bipartisan lawmakers. It received support from businesses and environmental advocates alike. Governor Jerry Brown signed the bill...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

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

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

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

State Programs to Encourage Zero-Emitting Generation Are Constitutional

Late last month, the 2nd Circuit Court of appeals rejected a challenge to Connecticut laws intended to encourage use of renewable energy. Earlier this month, Judge Manish Shah, of the Northern District of Illinois, issued a...more

High Court Upholds Long-Term GHG Emissions Analysis, But Warns Agencies to Keep Pace with Regulatory Advancements: Lessons from...

Cleveland National Forest Foundation, et al. v. San Diego Association of Governments (2017) __ Cal. 5th __, Supreme Court Case No., S223603 - Judicial deference to a lead agency’s determination regarding the proper...more

California post-2020 GHG Regulation Debate: Compromise Passed Both Houses with a Two-Thirds Vote

by Reed Smith on

To achieve its goals of reducing greenhouse gas (“GHG”) emissions linked to global warming, California relies upon a number of programs and policies, including a system of capping total GHG emissions from regulated source,...more

California’s Cap-and-Trade Regulations Extended Through 2030 – A Victory for Climate Policy and Business Alike

by Davis Wright Tremaine LLP on

On July 17, 2017, the California Assembly and the Senate voted to extend California’s Cap-and-Trade Program from 2021 to 2030 (Assembly Bill (“AB”) 398). Governor Brown is widely expected to sign the bill in the coming...more

Supreme Disappointment: High Court’s Narrow Opinion In SANDAG RTP/SCS EIR Case Offers Little Guidance On CEQA GHG Analysis

by Miller Starr Regalia on

On July 13, 2017, the California Supreme Court rendered a 6-1 decision holding that the San Diego Association of Governments’ (SANDAG) 2011 EIR for its Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS)...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

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

Il futuro non e piu quello di una volta sostenibilita e investimenti energetici

The paper (in Italian), produced by Antonio Sileo, Director, Osservatorio Innov-E of I-Com and Research Fellow IEFE-Bocconi, was presented during the workshop "The Future Isn’t What it Used to Be: Sustainability and Energy...more

United States Withdraws From Paris Climate Agreement

by Williams Mullen on

On June 1, 2017, President Trump announced that the United States will withdraw from the Paris climate agreement (“Paris Agreement”). The Paris Agreement was signed by 195 countries in December of 2015. ...more

Latin American Environmental Regulatory Tracker

by Beveridge & Diamond PC on

This month’s tracker reflects key initiatives from May 16, 2017 – June 15, 2017. Latin America is moving full speed ahead to adopt and implement Climate Change Convention commitments, signaling that greenhouse gas ...more

Emission Limit Implementation Recommendations from Alberta’s Oil Sands Advisory Group

On June 16, 2017, the Alberta Oil Sands Advisory Group (OSAG) released its report, Recommendations on Implementation of the Oil Sands Emissions Limit Established by the Alberta Climate Leadership Plan, which sets out...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Here’s the other shoe for that news that all the big banks passed their Fed stress tests the other day: are the “bad old days of enormous leverage and freewheeling deals” and the risk inherent in them back, too?....more

Life After Paris: Global Change at a Local Level

by Best Best & Krieger LLP on

The scientific community largely accepts that the climate is changing, and that there is a “greater than 95 percent” chance that we are the cause. In late 2015, nations around the world gathered in Paris to attempt to combat...more

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