Public agencies prevailed in 71% of decisions involving the California Environmental Quality Act in 2022. By Marc Campopiano, Lucas Quass, Natalie Rogers, and Kevin Homrighausen Latham lawyers tracked key developments in California Environmental Quality Act (CEQA) case law throughout 2022. On April 20, 2023, Latham lawyers held a webcast highlighting important cases from the past … Continue Reading
We analyze the key CEQA cases from 2022 and how they have impacted development in California. By Marc Campopiano, Winston Stromberg, Daniel Brunton, Lauren Glaser, Kevin Homrighausen, and Natalie Rogers The California Supreme Court and the Courts of Appeal issued 50 published and unpublished opinions on the California Environmental Quality Act (CEQA) in 2022. We … Continue Reading
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 Draft 2022-2023 Transmission Plan. By Marc Campopiano, Joshua Bledsoe, Julie Miles, and Shawna Strecker California has committed to ambitious carbon reduction targets and pledged to become … Continue Reading
A federal court heard motions for summary judgment in challenge to first-in-nation rule requiring warehouses to adopt clean technologies. By Joshua Bledsoe, Nick Cox, and Jennifer Garlock On April 17, 2023, a US federal judge heard arguments in a lawsuit challenging the South Coast Air Quality Management District (SCAQMD or the District) adoption of Rule … Continue Reading
The plan accelerates already ambitious climate goals for California and charts a course to carbon neutrality by 2045. By Joshua Bledsoe, Jen Garlock, and Brian McCall On December 15, 2022, the California Air Resources Board (CARB) adopted its Final 2022 Scoping Plan for Achieving Carbon Neutrality (Final Scoping Plan). Assembly Bill (AB) 32 requires CARB … Continue Reading
California’s first upcoming offshore wind lease sale, scheduled for December 6, 2022, is the next major step forward for clean energy in the Golden State. By Nikki Buffa, Jennifer K. Roy, Janice M. Schneider, Daniel P. Brunton, Nathaniel Glynn, and Brian McCall The Bureau of Ocean Energy Management (BOEM) and the State of California have … Continue Reading
The 2020 wildfire season alone released more carbon dioxide than what California reduced through years of emission cuts. By Marc Campopiano and Joshua Bledsoe California is a recognized leader in climate policy, but a wildfire crisis is threatening to unwind progress towards the state’s ambitious climate goals. In 2006, with the passage of AB 32, … Continue Reading
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
