A California Superior Court judge ruled last week that Sonoma County must do more to ensure responsible groundwater pumping under the state’s Public Trust Doctrine, which holds that rivers, creeks, and other waterways are...more
The Environmental Protection Agency intends to issue a rule updating its Clean Air Act emission standards for new and existing municipal solid waste (MSW) landfills to cut methane and other harmful landfill gas emissions....more
A New York intermediate appellate court has dismissed claims brought by a nonprofit for alleged violations of New York’s Environmental Rights Amendment, also called the Green Amendment. Fresh Air for the Eastside, Inc. v....more
The US Environmental Protection Agency (EPA) finalized a suite of final rules aimed at reducing contamination, emissions, and discharges from coal- and gas-fired power plants on April 25. This suite of rules includes two...more
Fourteen environmental organizations submitted a June 22nd Petition to the United States Environmental Protection Agency (“EPA”) asking that it strengthen the Clean Air Act Section 111 New Source Performance Standards...more
The Environmental Integrity Project (“EIP”) issued a report titled: Trashing the Climate: Methane from Municipal Landfills (“Report”) - EIP states it examined data from the United States Environmental Protection...more
One of my favorite movies is The Graduate. There is a scene in that 1968 film where Ben (Dustin Hoffman) is getting advice about his future from Mr. McGuire. Mr. McGuire takes Ben aside and says, in a conspiratorial tone, “I...more
On Monday, District Judge Haywood Gilliam imposed a schedule on EPA for review of state plans under EPA’s 2016 rule for emissions from municipal solid waste landfills. The ruling is notable for two reasons. Because EPA did...more
Boston’s Green Ribbon Commission has just released Carbon Free Boston, which outlines a pathway to a carbon-free city by 2050. It’s a thoughtful and careful report. My immediate reaction was two-fold. Of course we have to do...more
A multistate coalition submitted January 3rd comments to the United States Environmental Protection Agency (“EPA”) opposing a proposed rule denominated as...more
The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a September 4th Project Notification memorandum (“Memorandum”) undertaking what it describes as preliminary research to: ...more
California Air Resources Board (CARB) Proposes Amendments to its Cap-and-Trade Program - On September 4, 2018, CARB proposed amendments to its greenhouse gas (“GHG”) cap-and-trade program to implement the changes required...more
Earlier this week, on April 30, 2018, the U.S. Environmental Protection Agency (EPA) quietly modified its source determination test that is used to determine whether emissions from nearby and closely related sources should be...more
Seven state Attorneys General have sent the following document to the United States Environmental Protection Agency (“EPA”) dated March 23rd: Notice of Intent to Sue for Failure to Enforce the 2016 Emission Guidelines and...more
EPA recently announced a 90-day stay for reconsideration of rules governing performance standards and emissions from Municipal Solid Waste (MSW) Landfills. The final rules issued in July 2016 established new source...more
Climate Change Law - In its recently adopted Short-Lived Climate Pollutant (SLCP) Strategy, the California Air Resources Board (ARB) identifies POTWs as key components of the state’s strategy to reduce methane...more
Environmental and Policy Focus - In California's climate debate, state lawmakers push for more authority - Los Angeles Times - Aug 11 - Over the last two weeks, a bipartisan group of assembly members have...more
Section 111 of the Clean Air Act (CAA) requires EPA to issue New Source Performance Standards (NSPSs) for certain source categories of air pollutants. These NSPSs set threshold limits on emissions of certain pollutants...more
Time to Pay More: EPA Increases Maximum Civil Penalties - Remember the days when the maximum civil penalty EPA could assess for a violation of environmental law was $25,000 per day? Those days disappeared 26 years ago...more
EPA took major steps on August 18, 2015 to curtail methane emissions from the oil and gas industry by simultaneously releasing four new proposed rules. These actions are part of the Obama Administration’s larger climate...more
Having gotten the Clean Power Plan out the door, EPA has moved on to another target of President Obama’s Climate Action Plan: landfill methane emissions. Late last week, EPA proposed both new emission guidelines for...more
Today, the U.S. Environmental Protection Agency issued two proposed rules lowering the threshold at which landfills must control methane gas emissions. For active landfills, EPA proposes to reduce the threshold from 50...more
Evidence of Economic Infeasibility of CEQA Alternatives Explained (SPRAWLDEF v. San Francisco Bay Conservation and Development Commission) - Why it matters: In upholding the approval of a 260-acre expansion to the...more
This Texas legislative session brought several notable environment- and energy-related changes. The major standouts are culled and summarized in this Pillsbury Legislative Update....more
Landfill gas, or LFG, to energy projects provide tangible public benefits by reducing greenhouse gas emissions, improving air quality and generating local jobs. Municipalities are finding that landfill gas to energy projects...more