News & Analysis as of

Second District Addresses Interesting CEQA and CESA Species Mitigation Issues in Lengthy Partially Published Opinion Upholding...

In a lengthy, mostly published opinion filed on March 20, 2014, the Second District Court of Appeal reversed the trial court’s judgment granting a writ of mandate, and upheld – as against state law challenges brought by a...more

Obama Administration Targets Oil & Gas Industry in Methane Reduction Strategy

On March 28, the Obama Administration unveiled a new Strategy to Reduce Methane Emissions, as part of the President’s overall Climate Action Plan. Methane is the second largest source of greenhouse gases, after carbon...more

Court of Appeal Confirms AB 32 Target Is Proper CEQA Significance Threshold

The strongly worded opinion in Center for Biological Diversity v. California Department of Fish and Wildlife (Case Number B245131)(CBD v. CDFW) by the Court of Appeal of California, Second Appellate District has confirmed...more

Texas Environmental Update

We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

California Environmental Law and Policy Update - March 11, 2014

Environmental and Policy Focus - California lawmakers pass $687 billion drought plan -- San Francisco CBS Local - Feb 27: California lawmakers have passed a $687 million plan to provide immediate relief to...more

Sold-Out RGGI Auction Triggers Cost Containment Reserve (Which Sells Out, Too)

Last week’s auction of CO2 allowances by the Regional Greenhouse Gas Initiative (RGGI) was the 23rd in the program’s history, but the first auction under the new RGGI rules and reduced cap. The new rules undoubtedly explain...more

February Closes with Significant Activity Relating to EPA's Regulation of Greenhouse Gases

Last week saw two developments regarding EPA's regulation of greenhouse gases. On February 24, 2014, the Supreme Court of the United States heard oral arguments in Utility Air Regulatory Group v. the Environmental Protection...more

Regulatory and Standard Updates for 2014

A number of regulations and standards from the U.S. Environmental Protection Agency, OSHA, and other organizations have recently been revised and/or updated. TRC has prepared a Regulatory Update summarizing the changes with...more

Deadline Extended to Submit Comments on EPA’s Proposed Greenhouse Gas Emission Limits for New Power Plants

The U.S. Environmental Protection Agency (EPA) has announced that it is extending until May 9, 2014, the deadline for submitting comments on its proposed rule to set greenhouse gas emission limits for new coal- and gas-fired...more

Investment of RGGI Funds Sees Big Returns for States and Consumers

Through the end of 2012, the nine states remaining in the Regional Greenhouse Gas Initiative invested just over $707 million of the proceeds from the RGGI Auctions. But the impact this money will have in the future is even...more

ML Strategies’ Energy and Environment Update – Week of February 24, 2014

Energy issues will take center stage this week as the Supreme Court addresses the Environmental Protection Agency’s greenhouse gas regulations and Senators Jeanne Shaheen (D-NH) and Rob Portman (R-OH) reintroduce their energy...more

Report On Carbon Capture And Storage From The House

Would an 80% premium steer you away from an energy source that was low-carbon, naturally abundant in the United States, not subject to the vicissitudes of weather, incapable of nuclear meltdown and accompanied by a...more

California Environmental Law and Policy Update - February 13, 2014

Environmental and Policy Focus - Sens. Feinstein, Boxer propose emergency drought legislation: SFGate - Feb 13: Sens. Dianne Feinstein and Barbara Boxer proposed emergency drought legislation Tuesday ahead of President...more

US Supreme Court Briefing of Greenhouse Gas Cases Completed — Oral Argument Scheduled for February 24, 2014

Briefing has just concluded in a matter before the US Supreme Court involving challenges to the suite of greenhouse gas (GHG) cases decided by the US Court of Appeals for the District of Columbia Circuit in June 2012. In...more

Texas Environmental Update - February 14, 2014

We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

EPA Proposes Approval of TCEQ's Greenhouse Gas Permitting Program

On February 5, 2014, several news outlets reported that the U.S. Environmental Protection Agency ("EPA") handed over permitting authority for greenhouse gases ("GHGs") to the Texas Commission on Environmental Quality...more

ML Strategies’ Weekly Energy and Environment Update – Week of February 3, 2014

President Obama used his annual State of the Union address January 28 to call for a year of action on a broad array of issues, highlighting energy efforts and his climate action plan amongst 12 executive actions he hopes to...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

Capital Thinking: Environment and Natural Resources

Future Climate Scenarios - The Environmental Protection Agency (EPA) has released phase-two of its National Stormwater Calculator. EPA highlights that “the updated calculator includes future climate vulnerability...more

The Regional Greenhouse Gas Initiative: Will It Survive Federal Regulation of Greenhouse Gases?

At the same time that leaders from the nine states comprising the Regional Greenhouse Gas Initiative (RGGI) are touting the anticipated benefits of their decision to significantly reduce RGGI’s cap on carbon dioxide emissions...more

2014 Top Energy & Environmental Regulatory Issues

In This Issue: - Environmental Protection Agency ..NAAQS ..Tier 3 & 4 Standards ..Stormwater Control ..Hydraulic Fracturing Regulation ..Clean Water Act Expansion ..Renewable Fuels...more

Baseload Choices are Tough: They Will Get Tougher

Berkeley Research Group’s authors used GIPSY™, a proprietary electric sector planning model, to evaluate the long-term interplay among U.S. Environmental Protection Agency greenhouse gas policy, retirement of the existing...more

Governor Patrick Announces Climate Change Preparedness Initiatives: Not Everyone’s On Board

On Tuesday, Governor Patrick announced a series of climate change preparedness initiatives, including about $50 million in funds for a variety of programs. Before summarizing the plan, I’ll note that Massachusetts appears to...more

ML Strategies Weekly Energy and Environment Update – Week of January 13, 2014

Following a week during which energy and climate issues garnered significant national attention, via both Senator Lisa Murkowski’s (R-AK) energy export white paper and the Environmental Protection Agency’s release of...more

EPA's Draft Strategic Plan Acknowledges Reduction in Enforcement Resources

In November 2013, EPA issued its draft Strategic Plan for 2014-2018. EPA received comments on the Plan through January 3, 2014, although the comments will probably not lead to significant changes....more

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