The rule positions the Railroad Commission of Texas as the primary permitting authority over Class VI wells and could expedite CCS projects in the state.
By Joshua T. Bledsoe, Nikki Buffa, Jennifer K. Roy, Nolan Fargo, and Samantha Yeager
The US Environmental Protection Agency (EPA) has approved Texas’s application to assume primary enforcement responsibility, or “primacy,” for Class VI underground injection control (UIC) wells within the state. Class VI UIC wells are used for the permanent
A new executive order seeks to streamline funding for and construction of data center projects by reducing regulatory red tape.
By Nikki Buffa, Aron Potash, Tal Carmeli, and Shawna Strecker
On July 23, 2025, the Trump administration issued an executive order titled “Accelerating Federal Permitting of Data Center Infrastructure” (the Order). The Order aims to “facilitate the rapid and efficient buildout” of data centers and associated infrastructure such as high‑voltage transmission lines and other equipment by “easing
The proposal could accelerate the permitting process for carbon capture and storage projects in the state.
By Joshua T. Bledsoe, JP Brisson, Nikki Buffa, Michael Dreibelbis, Jennifer Roy, Nolan Fargo, and Samantha Yeager
On June 9, 2025, the US Environmental Protection Agency (EPA) signed a proposed rule that, if approved, would grant Texas primary enforcement authority, or primacy, for permitting Class VI Underground Injection Control (UIC) wells under the Safe Drinking Water Act (SDWA).
The orders span various sectors and aim to introduce sunset provisions into regulations and eliminate regulations deemed unlawful or anti-competitive.
By Nikki Buffa, Jennifer K. Roy, John Detrich, and Kayla Seltzer
On April 9, 2025, the Trump administration issued three new orders to reevaluate and roll back regulations across various sectors. These orders are a continued step toward implementing the administration’s objective of reducing regulatory burdens on agencies and the public (see our blog post on the
The order aims to coordinate government efforts to fast-track permitting and accelerate funding to enhance critical minerals value chains from the mine to finished products.
By Nikki Buffa, Devin M. O’Connor, and Austin J. Pierce
On March 20, 2025, President Trump issued an executive order titled “Immediate Measures to Increase American Mineral Production” (the Order). The Order, which we noted in our blog post Week 9 in Review, represents another step by the Trump administration to expand
The landmark decision alters the NPDES permit landscape, shifting the focus to specific actions over general outcomes.
By Michael G. Romey, Benjamin D. Gibson, Lucas I. Quass, Phil Goldberg, and Cody M. Kermanian
On March 4, 2025, the US Supreme Court issued its decision in City and County of San Francisco v. Environmental Protection Agency, 145 S.Ct. 704 (2025), which held that while the Clean Water Act (CWA) authorizes the inclusion of narrative (non-numeric) criteria
CEQA Case Report: Understanding the Judicial Landscape for Development[i]
By Christopher W. Garrett, Daniel P. Brunton, James A. Erselius, and Christopher Adam Martinez
In an unpublished opinion issued October 22, 2018, Tennis Club Preservation Society v. City of Palm Springs, Case No. E068896, the California Court of Appeal affirmed the trial court’s decision dismissing the Tennis Club Preservation Society’s (Petitioner’s) petition seeking to enjoin the City of Palm Springs (City) from issuing building and other permits for Phase III of a proposed development (Project) by real parties in interest John Wessman and Baristo Group, LLC (collectively, Developer). In summary, the court determined:
Appeal in POET II could complicate California Air Resources Board’s proposed LCFS amendments.
Joshua T. Bledsoe, Kimberly D. Farbota
In the case commonly referred to as POET II, petitioner POET, LLC, a biofuels manufacturer, challenged the Low Carbon Fuel Standard (LCFS) and Alternative Diesel Fuels (ADF) regulations which
the California Air Resources Board (ARB) adopted in 2015. After briefing had been completed, defendant-respondent ARB filed a motion for judgement on the pleadings (MJOP) on November 21, 2017, in an attempt to have the case dismissed in light of earlier rulings in the related POET I case. On January 5, 2018 the Fresno County Superior Court issued a ruling granting the MJOP with respect to all claims and dismissing the entire case as moot. On March 6, 2018, POET noticed an appeal of the Superior Court’s decision to the California Court of Appeal for the Fifth Appellate District, the same Court of Appeal that issued the decisions in POET I. In that decision, the court sharply criticized the ARB for not acting in good faith and found that ARB failed to comply with the California Environmental Quality Act (CEQA).
Also on March 6, 2018, ARB released proposed amendments to the LCFS that would, inter alia, extend the Program to 2030. Included in the amendment package is an analysis of nitrogen oxide (NOx) emissions attributable to the LCFS, prepared in an attempt to fulfill the writ of mandate issued in POET I. On March 12, 2018, ARB released Regulatory Guidance Document 18-01, which updates prior guidance regarding ARB’s plans to meet the requirements of the writ of mandate issued in POET I. The appeal in POET II carries important implications for the Regulatory Guidance, the amendment package, and potentially for the future of the LCFS Program.
DRECP under review in an effort to alleviate burdens on energy development.
By Marc T. Campopiano, Joshua T. Bledsoe, Jennifer K. Roy, and James Erselius
The Bureau of Land Management (BLM) recently issued a notice of intent to review the Desert Renewable Energy Conservation Plan (DRECP) for potential burdens on domestic energy production in California. The BLM issued the notice on February 2, 2018, in response to Executive Order (EO) 13783, “Promoting Energy Independence and Economic Growth.” EO 13783 was issued on March 28, 2017, and requires the heads of federal agencies to review all existing agency actions that “potentially burden the development or use of domestically produced energy resources.”
Finalized in 2016, the DRECP established a framework to streamline permitting for renewable energy projects on public lands in the California Mojave and Colorado/Sonoran desert region. The DRECP covers renewable energy development activities, including solar, wind, and geothermal projects, as well as transmission facilities that service renewable energy projects. As discussed in a previous post, concerns from local agencies, industry, and environmental groups caused state and federal agencies to narrow DRECP’s focus to public lands only.
The corresponding Land Use Plan Amendment (LUPA), issued when the DRECP was finalized, affects land use planning decisions for all of the 10.8 million acres of federal lands within the 22 million total acres covered under the DRECP. The LUPA set aside certain BLM-managed lands for conservation and recreation, and identified priority areas for renewable energy development. As detailed in a prior post, the approved LUPA designates 388,000 acres of Development Focus Areas, which are lands identified as having high-quality solar, wind, and geothermal energy potential and access to transmission. In addition to Development Focus Areas, the approved LUPA designates: 40,000 acres of Variance Process Lands for renewable energy development; approximately 6.5 million acres for conservation; approximately 3.6 million acres for recreation; and 419,000 acres of General Public Lands, which lack a specific land allocation or designation. A land use plan amendment is needed to develop renewable energy in General Public Lands areas.
By Joshua Bledsoe and Kimberly Farbota
Recent guidance published by the California Air Resources Board (ARB) clarifies the treatment of diesel fuels under the Low Carbon Fuel Standard (LCFS) in light of the Court of Appeals’ May 30, 2017 decision in POET I. Meanwhile, in POET II, ARB recently filed a Motion for Judgment on the Pleadings (MJOP), in an attempt to have the lawsuit dismissed as moot before a hearing on the merits occurs. While the MJOP addresses all of the claims in POET II and various other filings have been made by the parties in connection with the motion (e.g., Requests for Judicial Notice, a Motion to Strike, etc.), this blog entry focuses only on the key aspects of the MJOP and POET’s opposition thereto.
New Guidance Regarding Implications of the POET I Decision
On November 22, 2017, the ARB posted regulatory guidance to clarify the scope of the writ of peremptory mandate issued by the Fresno County Superior Court on October 18, 2017 (the Modified Writ) to implement the May 30, 2017 POET I decision.
As we have discussed in previous posts, the POET I case arose from Petitioner POET, LLC’s challenges to the original LCFS regulation adopted by ARB in 2009. On April 10, 2017, the Court of Appeal ruled that ARB had failed to faithfully execute a writ of peremptory mandate requiring it to remedy violations of the California Environmental Quality Act (CEQA) that occurred during adoption of the original LCFS. In response to a petition for rehearing filed by ARB, the Court of Appeal reissued its opinion on May 30, 2017.