The Michigan Senate recently introduced legislation in an attempt to join several North American jurisdictions that have established clean fuel standards. The Michigan Clean Fuel Standard aims to reduce the average carbon...more
California and five major automakers finalize deal on vehicle emissions standards - The New York Times – August 17 - The California Air Resources Board (CARB) this Monday finalized “Settlement Agreements” with five of...more
The Trump Administration’s recent lawsuit against California’s climate change policies has cast a spotlight on a stark and troubling reality. U.S. v. California is just the latest salvo in a sustained, direct assault by EPA...more
With the specter of increased fuel efficiency laws looming, and feeling the continual pressure to move freight more economically, many in the trucking industry are embracing hybrid engines. But that technology is not ready...more
Multi-state coalition’s lawsuit challenges Trump EPA withdrawal of California Clean Air Act waiver. EPA formally announced its decision to withdraw California’s 2013 Clean Air Act waiver, which allowed the state to set its...more
Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more
The Environment and Climate Change Canada (ECCC) recently released the regulatory framework outlining the proposed design of Canada’s Clean Fuel Standard (Standard), a critical element of Canada’s climate strategy that is...more
Even as the Trump administration is calling into question whether it will remain committed to Obama-era fuel economy and emissions targets, state governments are stepping up to enforce those same targets....more
POET, LLC v. State Air Resources Board (POET II) is the second chapter in the California Air Resources Board's (CARB) troubled history meeting its California Environmental Quality Act (CEQA) compliance obligations while also...more
Class action filings during the fall of 2016 continued to be dominated by Telephone Consumer Protection Act (“TCPA”) cases. As of October 1, 2016, nearly 150 cases have been filed; these filings are both daily in frequency...more
Sustainable Oils Inc. issued a press release announcing the issuance of a feedstock-only pathway for the production of Camelina-based fuels under the California Low Carbon Fuel Standard (LCFS). ...more
On July 2, 2014, EPA released a signed, pre-published version of its final rule for "Renewable Fuel Standard (RFS) Pathways II and Modifications to the RFS Program, Ultra Low Sulfur Diesel Requirements, and E15 Misfueling...more
Today, the U.S. Supreme Court denied petition for review in Rocky Mountain Farmers Union v. Corey. In Rocky Mountain Farmers, the Ninth Circuit addressed the constitutionality of California’s Low Carbon Fuel Standard (LCFS),...more
The U.S. Environmental Protection Agency (EPA) released a final rule on March 3, 2014, that establishes stricter standards for motor vehicle exhaust emissions and the sulfur content of gasoline. The new “Tier 3” standards...more
In a unanimous decision issued on March 11, 2014, the United States Court of Appeals for the District of Columbia Circuit rejected, on procedural and substantive grounds, a number of industry challenges to EPA’s new source...more
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
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
Environmental and Policy Focus - Governor Brown signs bill to regulate hydraulic fracturing in California: Reuters - Sep 20 -- California's first legislatively-mandated regulations on hydraulic fracturing and related...more
Last week, the Ninth Circuit Court of Appeals issued its decision in Rocky Mountain Farmers Union v. Corey, ruling on the constitutionality of California’s Low Carbon Fuel Standard (LCFS). The Court of Appeals reversed the...more
California lawmakers passed the “California Global Warming Solutions Act,” AB32, which included regulations known as the Low Carbon Fuel Standard. The standard required the oil industry to reduce the carbon intensity of...more
In a mostly-published 95-page opinion filed July 15, 2013, the Fifth District Court of Appeal reversed a trial court’s judgment and directed issuance of a writ of mandate setting aside Resolution 09-31 and two executive...more
In Poet, LLC et al. v. California Air Resources Board et al., the Fifth Appellate District held the Air Resources Board (“ARB”) violated CEQA and the APA with its approval of the Low Carbon Fuel Standards (“LCFS”)...more