Governor Newsom has committed to signing into law two bills that would require certain companies that do business in California to disclose their GHG emissions and climate-related financial risks.
In January 2023,...more
As part of long-range plans to address climate change, many states have adopted policies to spur the transition to a low-carbon future. Renewable sources like solar, wind and geothermal energy have garnered considerable...more
The move represents a step forward for the small modular nuclear reactor industry, but legislative uncertainty over new nuclear facilities in the US remains.
As part of long-range plans to address climate change, many...more
6/14/2023
/ Biden Administration ,
Clean Energy ,
Climate Change ,
Department of Energy (DOE) ,
Energy Policy ,
Energy Projects ,
Energy Sector ,
Final Rules ,
Nuclear Power ,
Nuclear Regulatory Commission ,
Proposed Legislation ,
Rulemaking Process
Public agencies prevailed in 71% of decisions involving the California Environmental Quality Act in 2022.
Latham lawyers tracked key developments in California Environmental Quality Act (CEQA) case law throughout 2022....more
The state must dramatically expand its energy infrastructure and renewable energy sources to satisfy growing demand for electricity while meeting ambitious climate goals, according to California Independent System Operator’s...more
4/25/2023
/ CAISO ,
Carbon Emissions ,
Climate Change ,
Critical Infrastructure Sectors ,
Department of Energy (DOE) ,
Electricity ,
Energy Policy ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Infrastructure ,
Net Zero ,
Renewable Energy ,
Strategic Planning ,
Transmission Planning
The 2020 wildfire season alone released more carbon dioxide than what California reduced through years of emission cuts.
California is a recognized leader in climate policy, but a wildfire crisis is threatening to unwind...more
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
9/9/2022
/ CARB ,
Carbon Capture and Sequestration ,
Carbon Emissions ,
Clean Energy ,
Climate Change ,
Energy Sector ,
Governor Newsom ,
Greenhouse Gas Emissions ,
Nuclear Power ,
Oil & Gas ,
Pending Legislation ,
Pipelines ,
Setback Rules
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
8/29/2022
/ CARB ,
Carbon Emissions ,
Clean Energy ,
Climate Change ,
Environmental Policies ,
Governor Newsom ,
Greenhouse Gas Emissions ,
Legislative Agendas ,
Net Zero ,
Oil Wells ,
Pollution Control ,
Proposed Legislation
The Act promises to touch on almost every aspect of US climate policy.
On August 16, 2022, President Biden signed into law the Inflation Reduction Act (the Act), which expands clean and renewable energy production,...more
8/24/2022
/ Biden Administration ,
Carbon Capture and Sequestration ,
Clean Energy ,
Climate Change ,
Electric Vehicles ,
Energy Projects ,
Energy Tax Incentives ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Forest Service ,
Green Banks ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Mineral Leases ,
Offshore Lease ,
Oil & Gas ,
Renewable Energy ,
Renewable Energy Incentives ,
Reporting Requirements ,
Zero-Emission Vehicles
A controversial new law gives the California Energy Commission authority over clean energy projects and authorizes the Department of Water Resources to fund new energy sources and extend the life of existing power plants. ...more
7/11/2022
/ California Energy Commission ,
CEQA ,
Clean Energy ,
Department of Water Resources ,
Energy Projects ,
Energy Sector ,
Governor Newsom ,
Jurisdiction ,
Power Grid ,
Regulatory Authority ,
Renewable Energy ,
State Budgets ,
Transmission Grid ,
Tribal Lands
What the proposed rule would mean for registrants and their filings with the SEC.
The US Securities and Exchange Commission’s proposed climate disclosure rule, approved by a 3–1 vote on March 21, 2022, is the agency’s...more
4/6/2022
/ Business Strategies ,
Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
New Rules ,
Publicly-Traded Companies ,
Regulation S-K ,
Regulation S-X ,
Reporting Requirements ,
Risk Assessment ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
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
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
What SEC commentary and the influence of existing frameworks could mean for mandatory climate disclosures in the US.
US Securities and Exchange Commission (SEC) Chair Gary Gensler has publicly stated that the SEC will...more
CEQA Case Report: Understanding the Judicial Landscape for Development -
Public agencies prevailed in 68% of CEQA cases analyzed.
Latham & Watkins is pleased to present its fourth annual CEQA Case Report. Throughout...more
2018 Year in Review: Public agencies prevailed in 65% of CEQA cases analyzed.
Over the course of 2018, Latham & Watkins lawyers reviewed all 57 California Environmental Quality Act (CEQA) cases, both published and...more
The Sierra Club decision affects both the preparation of EIRs and judicial review of agency decisions certifying EIRs.
Key Points:
..An environmental impact report’s (EIR) discussion of potential environmental impacts...more
CEQA Case Report: Understanding the Judicial Landscape for Development -
In a published opinion issued December 24, 2018, Sierra Club v. County of Fresno, Case No. S219783, the California Supreme Court determined that an...more
1/9/2019
/ Abuse of Discretion ,
Air Quality Standards ,
Appeals ,
CA Supreme Court ,
CEQA ,
Construction Industry ,
Construction Project ,
De Novo Standard of Review ,
Environmental Impact Report (EIR) ,
Judicial Review ,
Mitigation ,
Public Agencies ,
Public Health ,
Real Estate Development ,
Standard of Review
Major new regulatory developments involving climate change create new risks for development projects and infrastructure -
..Recent CA Supreme Court decision? CEQAclarity
..CARB 2017 Scoping Plan targets development to...more
8/2/2018
/ CARB ,
CEQA ,
Coastal Real Estate ,
Energy Sector ,
Greenhouse Gas Emissions ,
Infrastructure ,
Public Projects ,
Real Estate Development ,
Regulatory Agenda ,
Regulatory Standards ,
Rising Sea Levels ,
Water
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
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
Proposed changes include shifting the methodology for studying projects’ potential traffic impacts and clarifying the terms for deferred mitigation measures.
The California Natural Resources Agency (the Agency) has given...more
Recent decision points to the original intent of the California Public Records Act in the evolving debate over government transparency.
Key Points:
..California Supreme Court rules that emails and text messages sent...more
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
On June 22, 2016, President Obama signed a bill reauthorizing the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) oil and gas pipeline programs through 2019. Obama’s final stamp on the Protecting our...more
6/29/2016
/ Barack Obama ,
Department of Transportation (DOT) ,
Hazardous Substances ,
Natural Gas ,
New Legislation ,
Oil & Gas ,
PHMSA ,
Pipelines ,
PIPES Act ,
Public Safety ,
Reauthorization ,
Underground Storage Tanks