Environment, Land & Resources

Category Archives: California

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CARB Finalizes Zero-Emission Auto Rules

California continues to push toward its statewide carbon-neutrality goals. By Arthur F. Foerster and Joshua Bledsoe On August 25, 2022, the California Air Resources Board (CARB) unanimously approved regulations that require all new 2035 and later passenger vehicles to be zero-emission vehicles. The agency’s “Advanced Clean Cars II” regulations require manufacturers to deliver an increasing … Continue Reading

California Legislature to Consider Aggressive Climate Targets

Governor Newsom introduces five ambitious proposals that could alter California’s climate policy for years to come. By JP Brisson, Nikki Buffa, Marc Campopiano, Jennifer Roy, Michael Dreibelbis, Aron Potash, and Alicia Robinson On August 12, 2022, California Governor Gavin Newsom submitted five climate proposals (the Climate Proposals) to the California legislature in the waning days … Continue Reading

California Expands State Agency Authority to Spur Clean Energy and Bolster Grid Reliability

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. By Marc Campopiano, Nikki Buffa, Michael Navarrete-Carroll, Josh Bledsoe, and Kevin Homrighausen Last week, Governor Gavin Newsom and lawmakers negotiated and … Continue Reading

Proposed Amendments to Rules on Prop. 65 Short-Form Product Warnings Fail to Progress

The proposal had contemplated clarifications to when short-form warnings should be used and had aimed to introduce new requirements for information about harmful chemicals. By Michael Romey, Christopher Martinez, and Lucas Quass Several amendments that the California Office of Environmental Health Hazard Assessment (OEHHA) had proposed to rules on short-form product warnings failed to move … Continue Reading

CEQA Case Report: 2021 Year in Review

Public agencies prevailed in 71% of CEQA cases analyzed. By James L. Arnone, Daniel P. Brunton, Nikki Buffa, Marc T. Campopiano, Peter J. Gutierrez, John C. Heintz, Lauren E. Paull, Aron Potash, Lucas I. Quass, Natalie C. Rogers, Jennifer K. Roy, and Winston P. Stromberg Latham & Watkins is pleased to present its fifth annual … Continue Reading

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. By Nikki Buffa, Jennifer K. Roy, Janice M. Schneider, Brian McCall, and Julie Miles In the first half of 2022, the Bureau of Ocean Energy Management (BOEM) has moved swiftly … Continue Reading

Interior Proposes First Renewable Energy Lease Sale in Federal Waters Offshore California

The proposal would auction off almost 375,000 acres of the Outer Continental Shelf offshore California for wind energy development. By Nikki Buffa, Janice M. Schneider, Nathaniel Glynn, and Brian McCall On May 31, 2022, the Bureau of Ocean Energy Management (BOEM) published a Proposed Sale Notice (PSN) for a pair of renewable energy lease sales … Continue Reading

California Air Resources Board Releases Draft Scoping Plan Update (Part 4)

CARB addresses California’s increasingly severe climate impacts. By Joshua T. Bledsoe and Kevin Homrighausen On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update (Draft Scoping Plan) for public review and comment. Assembly Bill 32, the California Global Warming Solutions Act of 2006, requires CARB to develop and … Continue Reading

California Air Resources Board Releases Draft Scoping Plan Update (Part 3)

CARB doubles down on LCFS Program and liquid transportation fuels. By Joshua T. Bledsoe and Jennifer Garlock On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update (Draft Scoping Plan) for public review and comment. Assembly Bill (AB) 32, the California Global Warming Solutions Act of 2006 (AB … Continue Reading

California Air Resources Board Releases Draft Scoping Plan Update (Part 2)

CARB opts to stay the course on Cap-and-Trade Program. By Joshua T. Bledsoe, Michael Dreibelbis, and Alicia Robinson  On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update for public review and comment. Assembly Bill (AB) 32, the California Global Warming Solutions Act of 2006 (AB 32), required … Continue Reading

California Air Resources Board Releases Draft Scoping Plan Update (Part 1)

The Draft 2022 Scoping Plan Update takes an all-of-the-above approach to decarbonize California. By Joshua T. Bledsoe and Brian McCall On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update for public review and comment. Originally, the California Global Warming Solutions Act of 2006 required CARB to develop … Continue Reading

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. By Marc Campopiano, Jennifer Roy, Winston Stromberg, Daniel Brunton, and Natalie Rogers Every year, we publish a comprehensive summary of California Environmental Quality Act (CEQA) judicial opinions and provide analysis of the key trends affecting development … Continue Reading

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. By Jean-Philippe Brisson, Marc T. Campopiano, Jennifer K. Roy, Joshua T. Bledsoe, Julie Miles, and Alicia Robinson The California Legislature is considering a bill to impose corporate sustainability reporting … Continue Reading

California Proposes Amendments to Rules on Prop 65 Short-Form Product Warnings

The proposal, which aims to clarify when short-form warnings should be used, would also create new requirements for information about harmful chemicals. By Michael G. Romey, Lucas I. Quass, and Kevin Homrighausen This article has been updated to reflect OEHHA’s decision to extend the public comment period on the Proposed Amendments from January 14, 2022 … Continue Reading

A Dry 2021 in California Prompts Water Conservation Response

Limited water supply, restrictions on use, and higher costs may be in store for next year if the state’s drought conditions persist. By Michael G. Romey, Cody M. Kermanian, and Lucas I. Quass This year has been critically dry and hot for California, resulting in déjà vu as the federal and state governments reinstituted drought … Continue Reading

Webcast: Wildfire Implications on California Development

Developers and municipalities must continue to evaluate potential wildfire impacts on projects under CEQA and consider recent legislative changes. By Marc T. Campopiano and Shivaun A. Cooney Wildfires have posed increasing risks in recent years to the public and environment in California. The importance of understanding how wildfires may impact new development and infrastructure is … Continue Reading

California Renews and Amends CEQA Litigation Streamlining for Certain Projects

SB 7 expands project eligibility, provides additional guidance regarding GHG emissions, and changes some procedural requirements. By Nikki Buffa and Brian McCall On May 20, 2021, California Governor Gavin Newsom signed into law SB 7, the Jobs and Economic Improvement Through Environmental Leadership Act of 2021. SB 7 reinstates, with amendments, the Environmental Leadership Development … Continue Reading

California Water Law: Legal Challenges of Water Supply Assessments

Project applicants and agencies alike should think carefully about developing robust analyses that demonstrate the adequacy of water supply. By Marc T. Campopiano, Diego Enrique Flores, and Lucas I. Quass Mark Twain is often credited with saying, “Whiskey is for drinking; water is for fighting over.” This remains true in California, where drought conditions, climate … Continue Reading

TCI Program Established to Reduce Carbon Emissions From Transportation

The program will include a multi-jurisdictional cap-and-invest program and aims to address environmental justice and equity concerns. By Jean-Philippe Brisson, Joshua T. Bledsoe, Benjamin Einhouse, and Brian McCall On December 21, 2020, the Governors of Massachusetts, Rhode Island, and Connecticut, as well as the Mayor of the District of Columbia, announced that their respective jurisdictions … Continue Reading

CEQA Case Report: 2020 Year in Review

Public agencies prevailed in 68% of CEQA cases analyzed. By James L. Arnone, Daniel P. Brunton, Nikki Buffa, Marc T. Campopiano, and Winston P. Stromberg Latham & Watkins is pleased to present its fourth annual CEQA Case Report. Throughout 2020 Latham lawyers reviewed each of the 34 California Environmental Quality Act (CEQA) appellate cases, whether … Continue Reading

Proposed Amendments to Prop 65 Regulations Clarify and Update Proper Use of Short-Form Product Warnings

The proposed amendments seek to clarify when short-form product warnings may be used and create new requirements for information about harmful chemicals. By Michael G. Romey, Lucas I. Quass, and Kevin Homrighausen Update: On February 19, 2021, OEHHA announced that the public comment period has been extended until March 29, 2021. OEHHA also scheduled a … Continue Reading

CARB Steers Clean Miles Standard Toward Formal Rulemaking

The agency has further strengthened electrification targets and provided additional details on compliance options for Transportation Network Companies. By Joshua T. Bledsoe, Charles C. Read, and Jen Garlock The California Air Resources Board (CARB) is developing the Clean Miles Standard and Incentive Program (Clean Miles Standard), a first-of-its kind regulation designed to reduce greenhouse gas … Continue Reading

California Legislature Cannot Limit Judicial Review of Certain Power Projects

California appeals court decision increases the potential for CEQA challenges to power plant projects under the CEC’s jurisdiction. By Marc T. Campopiano, Charles C. Read, and Kevin A. Homrighausen In Communities for a Better Environment v. Energy Resources Conservation & Development Commission, the California First District Court of Appeal recently held that the State Legislature … Continue Reading

Webcast: Wildfire Implications on California Development

Developers and municipalities must now evaluate potential wildfire impacts from projects under recent amendments to CEQA, among other legislative changes. By Marc Campopiano and Shivaun Cooney Wildfires pose an increasingly serious threat to the public and environment in California with respect to air quality, climate change, and utility power shutoffs. The state’s string of historic … Continue Reading
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