In a 2-1 published opinion filed November 24, 2014, the Fourth District Court of Appeal, Division 1, affirmed and modified the trial court’s judgment granting writ petitions by plaintiff groups challenging the EIR for the San Diego Association of Governments’ (SANDAG) 2050 Regional Transportation Plan/Sustainable Communities Strategy (2050 RTP/SCS).
Monday Morning Regulatory Review: Electric Generating Hazardous Emissions & Costs; Quintennial Ozone Standard; Calorie Counting; And Election Financing Disclosure
The very short Thanksgiving workweek was punctuated by a significant new United States Supreme Court (SCOTUS) grant of review of requirements for the Environmental Protection Agency (EPA) in regulating hazardous air pollutants – this time by electric utilities.
For the second time in a year, a wetlands mitigation bank “instrument” executed between a landowner and a federal agency has been held by a court to be a binding contract that could be enforced against the agency when it tried to alter the terms of the instrument to the detriment of the landowner/mitigation bank operator.
Executive Orders & Carbon Emissions: Can WA Governor Inslee Establish a Low Carbon Fuel Standard Without Legislation?
The authority of a governmental executive to issue an executive order has recently been a hot topic in the politico-legal world.
FERC Approves Fourth Settlement for 2011 Southwest Blackout Against Western Area Power Administration
On November 24, 2014, FERC approved a settlement with Western Area Power Administration – Desert Southwest Region (Western-DSW) related to its involvement in the blackout in the southwestern U.S. on September 8, 2011.
EPA Finalizes Amendments to GHG Reporting Regulations for the Oil and Gas Sector and Proposes Additional Subpart W Revisions for Comment
On November 13, 2014, the United States Environmental Protection Agency (USEPA) finalized revisions to the Greenhouse Gas Reporting Program (GHGRP) for the petroleum and natural gas systems source category.
The Unintended Effects of Protecting the Environment – How Banning Fracking Can Lead San Benito County to Bankruptcy
On November 4, 2014, San Benito County voters went to the poles to vote on Measure J, the measure designed to prohibit hydraulic fracturing, known as fracking, and related gas and oil extraction activities, as well as other “high-intensity petroleum operations,” including acid well stimulation and cyclic steam injection.
Tolling of Approvals Under New Jersey’s Permit Extension Act: Will the End of the Year Be the End of the Line? Approved Projects Could Be at Risk
New Jersey’s Permit Extension Act (“PEA”) was initially enacted in 2008 — in response to “the crisis in the real estate finance sector of the economy” — for the purpose of tolling, through the end of 2012, expiration of various approvals necessary for development.
FERC is seeking comments on a proposed Policy Statement regarding Cost Recovery Mechanisms for Modernization of Natural Gas Facilities.