Environment, Land & Resources

Category Archives: Project Siting and Approval

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New JRC Report Reviews Progress in Tackling Soil Contamination

The report supports the efforts of the EU’s Seventh Environment Action Programme. By Alexander Wilhelm According to a report prepared by the Joint Research Centre (JRC) — the European Commission’s science and knowledge service — countries across Europe are making progress on tackling soil contamination. The report[i] states that the management of contaminated sites in … Continue Reading

China’s Global Supergrid to Enable Free Flow of Electricity Internationally

The proposed initiative will allow the provision of clean energy on a global scale by 2050. By Paul A. Davies and R. Andrew Westgate The Global Energy Interconnection (GEI) initiative, originally developed by Liu Zhenya, the chairman of the Chinese State Grid Corporation, is dedicated to promoting global energy interconnections in a sustainable manner. The … Continue Reading

China Reinforces Renewable Energy Commitment With Significant European Wind Investments

Chinese investors continue to build knowledge of the wind sector through European investment. By Paul A. Davies and R. Andrew Westgate China has traditionally focused more on developing coal and hydroelectric power, which provide relatively constant output, instead of wind and solar, which depend on whether conditions. However, recently, government-owned power producers have begun making … Continue Reading

California Court of Appeal Rejects City’s MND in Historic District Due to Aesthetic and Traffic Impacts

CEQA Case Report: Understanding the Judicial Landscape for Development[I] By Winston P. Stromberg, Lucas Quass and Christopher Adam Martinez In an opinion published on August 9, 2018, Protect Niles v. City of Fremont, Case No. A151645, the First Appellate District of the California Court of Appeal affirmed the trial court’s issuance of a writ of … Continue Reading

Viewpoints Video Examines California’s Cap-and-Trade Program

Harvard professor Robert Stavins joins Latham partner Bob Wyman to review key climate change mitigation policies. California’s climate change mitigation program is widely viewed as one of the most comprehensive of its kind — encompassing a cap-and-trade component and a series of complementary measures with specific performance targets for important sectors such as motor vehicles, … Continue Reading

California Court of Appeal Ruling Exempts Parking Requirements From CEQA Review

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, Natalie C. Rogers, and Roopika Subramanian In a published opinion issued February 28, 2018, Covina Residents for Responsible Development v. City of Covina, Case No. B279590, the Court of Appeal affirmed the trial court’s judgment and upheld the City … Continue Reading

Water Management in Oil & Gas Production: Market Drivers and Legal Issues

Latham lawyers discuss the forces driving transformation in the market and the key legal and regulatory issues. By Tommy Beaudreau, Joel Beauvais, Joel Mack, Ryan Maierson, and Janice Schneider Water management is becoming increasingly critical amid increasing oil and gas production in the Permian Basin and other regions of the United States. In particular, many … Continue Reading

Green Finance Institute to Launch in London

Initiative will advance the UK’s Paris Agreement targets by serving as a “one-stop shop for world-leading climate science, and for capital.” By Paul A. Davies and Michael D. Green UK Chancellor, Philip Hammond, has announced plans to launch a Green Finance Institute (GFI), through funding from both the UK government and the City of London Corporation. … Continue Reading

The Chinese Government Announced Measures to Assist With ETS Implementation

Updates underscore China’s commitment to reducing carbon emissions despite government agency reshuffling. By Paul A. Davies and R. Andrew Westgate The Climate Change Department (CCD) of the newly formed Ministry of Ecology and Environment (MEE) has announced its official updates in relation to China’s low carbon-development strategy generally and the National Emissions Trading System (ETS) … Continue Reading

California Appeals Court Dismisses As Moot Litigant’s Challenge to Planned Development Approval

CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, James A. Erselius, John D. Niemeyer, and Samantha K. Seikkula In an unpublished opinion issued February 20, 2018, Advocates for Better Cmty. Dev. v. City of Palm Springs, Case No. E066193, the California Court of Appeal dismissed as moot … Continue Reading

EU Aims to Improve the Energy Efficiency of Europe’s Buildings with New Directive

Building owners and developers will need to provide energy performance certificates for buildings. By Paul A. Davies and Michael D. Green The European Union has published a directive aimed at improving building energy efficiency and reducing carbon emissions. EU Member States are required to transpose the directive (Directive (EU) 2018/844) by March 10, 2020. The … Continue Reading

Investing in the Environment — European Commission Announces Innovation Fund

The Innovation Fund will promote advanced low-carbon technologies to reduce greenhouse gas emissions and promote decarbonisation. By Paul A. Davies and Michael D. Green By the end of 2018, the European Commission will set up an Innovation Fund (the Fund) to aid decarbonisation. To achieve this, the European Commission will amend the EU Emissions Trading … Continue Reading

Conseil d’Etat Issues Advisory Opinion on Environmental Permits Challenged Before Administrative Courts

A recent Environmental Code amendment aims to invigorate sluggish legal processes delaying environmental project development. By Paul A. Davies and Fabrice Fages Third parties and local NGOs often bring legal action against environmental permits in France, hampering the development of environmental projects in the country. An example of a practical consequence is that the development … Continue Reading

IMO Strategy to Halve Greenhouse Gas Emissions From Shipping By 2050

The Initial Strategy provides the first global climate framework for the shipping sector and will support Paris Agreement targets. By Paul Davies, Janice Schneider, and Eun-Kyung Lee Background In April 2018, the Marine Environmental Protection Committee of the International Maritime Organization (IMO) adopted an initial strategy to reduce greenhouse gas (GHG) emissions in international shipping (Initial … Continue Reading

Post-Brexit Environmental Principles and Governance Bill Consultation Launches in UK

Consultation document proposes replacing the European Commission with a new environmental watchdog, among other recommendations. By Paul A. Davies and Michael D. Green The UK government has announced a consultation in relation to the proposed new Environmental Principles and Governance Bill, which aims to ensure maintained and strengthened environmental protection following the UK’s exit from … Continue Reading

Latin America Addresses Environmental Priorities at Green Climate Fund Dialogue

Representatives from 19 countries explore climate responses in several areas, including urban development, transportation, renewable energy, early warning systems, and agriculture. By Rosa Espín and Leticia Sitges Nearly 200 participants from 19 different countries recently convened in Colombia for the Green Climate Fund’s (the Fund’s) first Structured Dialogue with Latin America. The meeting, which was … Continue Reading

California Court of Appeal Finds EIR’s Air Quality Analysis Deficient

By Christopher Garrett, James Erselius, and Samantha Seikkula CEQA Case Report: Understanding the Judicial Landscape for Development[1] In a partially published opinion[2] issued January 12, 2018, City of Long Beach v. City of Los Angeles, the California Court of Appeal affirmed in part and reversed in part the trial court’s judgment requiring the City of … Continue Reading

Carbon Markets Must Balance Stability and Adaptability When Implementing Emissions Trading Systems

As China begins to implement its emissions trading system, the country may look around the globe for regulatory guidance. By Paul A. Davies and R. Andrew Westgate China established its national emissions trading system (ETS) as a key component of the plan to meet its commitments under the Paris Agreement. The country’s participation in the … Continue Reading

California Court of Appeal Upholds Partial Award of Attorneys’ Fees to Successful CEQA Litigant

By Christopher W. Garrett, Natalie C. Rogers, and Kimberly D. Farbota CEQA Case Report: Understanding the Judicial Landscape for Development[1] In a published opinion issued January 12, 2018, Heron Bay Homeowners Assn. v. City of San Leandro, the California Court of Appeal affirmed the trial court’s partial grant of Heron Bay Homeowners Association’s request for … Continue Reading

New Trump Administration Policies on Environmental Enforcement, Settlements, and Clean Air Act Implementation

Webcast addresses recent EPA and DOJ policy developments with important implications for permitting, enforcement, and litigation. By Joel C. Beauvais, Julia A. Hatcher, Karl A. Karg, Claudia M. O’Brien, and Stacey L. VanBelleghem Latham’s Environment, Land & Resources Department hosted a 60-minute webcast on March 29, “New Trump Administration Policies on Environmental Enforcement, Settlements, and … Continue Reading

New York Releases Offshore Wind Master Plan

Plan outlines next steps for procuring 2,400 MW by 2030, with a likely significant benefit for New York’s economic development. By Tommy Beaudreau, Janice Schneider, Michael Gergen, and David Amerikaner New York Governor Andrew Cuomo and the New York State Energy Research and Development Authority (NYSERDA) have released the New York State Offshore Wind Master … Continue Reading
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