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EPA Grants Louisiana Class VI Primacy

EPA’s transfer of primary enforcement authority to states for carbon capture and storage projects may decrease permitting delays but raise legal questions. Louisiana has become the third state in the United States to...more

Momentum Builds Towards California Offshore Wind Reality

California’s first upcoming offshore wind lease sale, scheduled for December 6, 2022, is the next major step forward for clean energy in the Golden State. The Bureau of Ocean Energy Management (BOEM) and the State of...more

DOE Announces $7 Billion for Carbon Capture, Transport, and Storage Infrastructure

Three funding opportunity announcements and a finance program provide significant investments to support carbon capture and sequestration. Demand for carbon capture and sequestration (CCS) to meet global and national...more

DOE Releases Draft Clean Hydrogen Production Standard, Draft Roadmap, and Hydrogen Hub Funding Opportunity

Key Points - ..The draft Clean Hydrogen Production Standard (CHPS) proposes a lifecycle GHG emissions target of 4 kg CO2e per kilogram of hydrogen, which is in line with the clean hydrogen production tax credit in the...more

California Legislature Passes Four Aggressive Climate Bills and Authorizes Extension of Diablo Canyon

The climate bills championed by Governor Newsom stand to alter the state’s climate policy for years to come. On August 31, 2022, the last day of its 2021-2022 session, the California Legislature passed four climate bills...more

California Legislature to Consider Aggressive Climate Targets

Governor Newsom introduces five ambitious proposals that could alter California’s climate policy for years to come. On August 12, 2022, California Governor Gavin Newsom submitted five climate proposals (the Climate...more

California Coastal Commission Concurs With BOEM’s Consistency Determination for Morro Bay WEA

The action marks the clearance of another significant hurdle toward BOEM’s offshore wind lease sales in federal waters offshore California, anticipated to occur this fall. In the first half of 2022, the Bureau of Ocean...more

Webcast: 2021 CEQA Year in Review - CEQA’s Effects on Development in California

We analyze the key CEQA cases from 2021 and their effects on development in California this year and beyond. Every year, we publish a comprehensive summary of California Environmental Quality Act (CEQA) judicial opinions and...more

California Senate Passes Broad GHG Emissions Reporting Requirements

If adopted, the Senate bill would require large US companies doing business in California to report Scopes 1, 2, and 3 emissions as of January 2024. The California Legislature is considering a bill to impose corporate...more

President Biden Outlines Comprehensive Plan for Federal Sustainability

The president’s executive order aims to use the US government’s procurement power to achieve “carbon pollution-free electricity” by 2030 and net zero emissions by 2050. On December 8, 2021, President Biden issued an...more

California Court of Appeal Determines State Law Preempts Local Ordinance Provisions in Specific Instances

CEQA Case Report: Understanding the Judicial Landscape for Development - In a partially published opinion issued April 4, 2018, Small Property Owners of San Francisco Institute v. City and County of San Francisco, Case...more

California Legislature Eyes 100% Clean Energy Target

The California Assembly is expected to vote this summer to establish increased renewable energy targets and set a target of 100% clean energy by 2045. SB 100, Senator Kevin De Leon’s renewable energy bill, would increase...more

CEQ Seeks Input on Potential Revisions to NEPA Regulations

Trump Administration is weighing potentially comprehensive overhaul to regulations governing federal environmental review to cut red tape and avoid excessive delay to process. The White House Council on Environmental...more

BLM Begins Scoping Process to Consider Amendments to Desert Renewable Energy Conservation Plan

DRECP under review in an effort to alleviate burdens on energy development. The Bureau of Land Management (BLM) recently issued a notice of intent to review the Desert Renewable Energy Conservation Plan (DRECP) for...more

Interior Department Excludes Incidental Take Liability Under the Migratory Bird Treaty Act

Reversing a long-standing federal legal position, the US Interior Department recently stated that the Migratory Bird Treaty Act (MBTA) does not impose liability for the incidental take of protected birds. The 41-page...more

U.S. Army Corps Reissues Fifty Existing and Two New Nationwide Permits

On March 19, 2017, 52 new or reissued nationwide permits (NWPs) for discharges into “waters of the United States,” issued pursuant to Section 404(e) of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act...more

U.S. Army Corps Issues 2017 Clean Water Act Nationwide Permits

Modifications and updates to the general permits will impact both new and ongoing projects, including in energy, mining, transportation, and construction sectors. Key Points: - Nationwide Permits 12 and 14, which...more

California Supreme Court: CEQA Requires Study of Potential Impacts to ESHA

Lead agencies cannot ignore the Coastal Act’s ESHA requirements in CEQA documents and defer analysis for later Coastal Commission review. Key Points: ..CEQA requires an EIR to identify potential environmentally...more

US Fish and Wildlife Service Finalizes Eagle Rule Revision

On December 14, 2016, the US Fish and Wildlife Service (FWS) finalized its proposed revisions to the Eagle Rule (Final Rule) and released its Record of Decision (ROD). The Final Rule allows companies and others to obtain...more

US Fish and Wildlife Service Moves Forward With Proposed Eagle Rule Revision

On July 5, 2016, the public comment period closed for the US Fish and Wildlife Service’s (FWS) proposed revisions to the rules authorizing eagle take permits under the Bald and Golden Eagle Protection Act (Eagle Act) and...more

BLM Moves Forward with Phase I of Desert Renewable Energy Conservation Plan

Phase I of the Desert Renewable Energy Conservation Plan (DRECP) has now been approved, paving the way for streamlined permitting and environmental review of qualified renewable energy projects on Bureau of Land Management...more

California Energy Agencies Advance Renewable Transmission Line Planning

California energy agencies and key stakeholders have finished the first step of a statewide planning process to evaluate transmission needs in the state and the region. This process, called the Renewable Energy Transmission...more

6 Key Takeaways from the FWS’s Proposed Update to the Eagle Act Rules

On May 2, 2016, the US Fish & Wildlife Service (FWS) announced its second attempt to revise its rules authorizing eagle take permits under the Bald and Golden Eagle Protection Act (Eagle Act). The rule would extend the...more

Legislative Update: California Passes Groundbreaking Legislation Increasing Renewable Energy and Energy Efficiency Mandates, But...

The end of the California State Legislature’s regular session for the year culminated in a frenzy of action, with Assembly members scrambling to pass dozens of bills before midnight on September 12, 2015. The California...more

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