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NY Legislation Sets Bold Climate Change Goals

Examining the regulatory framework of New York’s legislative climate change initiative — the Community Leadership and Community Protection Act. On Thursday, July 18, 2019, New York Governor Andrew Cuomo signed into law the...more

Supreme Court Won’t Hear Challenge to Oregon’s LCFS Program

High Court’s action clears pathway for low-carbon fuel standard programs. On May 13, 2019, the US Supreme Court denied certiorari in American Fuel & Petrochemical Manufacturers (AFPM), et al., v. O’Keeffe, et al...more

CARB Amending SF6 Regulation: Stricter Requirements for California Electrical Equipment

California proposes phasing out the use of SF6 in GIE and further reducing allowable GHG emissions from such equipment. California Air Resources Board (CARB) staff recently published a discussion draft (Draft Amendments)...more

GIS Owners in California Must Comply With SF6 Regulation

Gas-insulated switchgear owners face easy-to-miss, CARB-enforced emissions requirements. Since 2011, the California Air Resources Board (CARB) has regulated sulfur hexafluoride (SF6) emissions from gas-insulated...more

UPDATE: LCFS Standards for Diesel and Diesel Substitutes to Revert to Schedule Specified in LCFS Regulation January 1, 2019

California Air Resources Board lifts freeze on Low Carbon Fuel Standard. On December 7, 2018, the California Air Resources Board (CARB) issued Regulatory Guidance Document 18-02 which lifts the freeze on Low Carbon Fuel...more

7 Takeaways From California’s Extension of the Low Carbon Fuel Standard

On September 27, 2018, the California Air Resources Board (CARB) passed Resolution 18-34, extending the Low Carbon Fuel Standard (LCFS) Program to 2030 and making significant changes to the design and implementation of the...more

CEQA Case Report Year in Review 2017: Understanding the Judicial Landscape for Development

California higher courts rule in favor of public agencies on small majority of environmental impact report cases. Over the course of 2017, Latham lawyers reviewed all 46 California Environmental Quality Act (CEQA) cases,...more

Dismissal of Low Carbon Fuel Standard (LCFS) Case Appealed Amidst Program Extension

Appeal in POET II could complicate California Air Resources Board’s proposed LCFS amendments. In the case commonly referred to as POET II, petitioner POET, LLC, a biofuels manufacturer, challenged the Low Carbon Fuel...more

California Air Resources Board Clarifies 2018 LCFS Targets and POET II Case Approaches Major Milestone

Recent guidance published by the California Air Resources Board (ARB) clarifies the treatment of diesel fuels under the Low Carbon Fuel Standard (LCFS) in light of the Court of Appeals’ May 30, 2017 decision in POET I....more

California’s Supreme Court Denies ARB Petition To Review LCFS Case

In a previous post, we described how potential delays in the resolution of the case commonly known as POET I could create uncertainty regarding the future of the California Low Carbon Fuel Standard (LCFS). On August 23, 2017,...more

Uncertainty Looms with Delays to Resolution of California’s Low Carbon Fuel Standard Program Challenges

Two recent developments in the interrelated legal challenges commonly known as POET I and POET II may create additional uncertainty for the future of the Low Carbon Fuel Standard Program (LCFS). Earlier this year, the...more

New Game Plan: Federal Circuit Decision May Revive “Redskins” Trademarks

Federal Circuit finds that barring the registration of disparaging trademarks is unconstitutional, creating potential running room for the Washington Redskins. An appeal of the 2014 decision to cancel the REDSKINS...more

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