The new measures include changes to grid access permits and a new remuneration regime for renewables, among other provisions.

By María José Descalzo, José María Alonso, and Leticia Sitges

On 23 June, the Spanish Government passed Royal Decree-Law 23/2020, which entered into force on 25 June, approving new measures in the energy sector that aim to promote renewable energy generation and support the recovery of the economy in line with the European Green Deal (the New Regulations).

The Bill proposes a post-Brexit system of environmental governance to oversee new powers and regulations in four environmental law areas.

By Paul A. Davies and Michael D. Green

On 15 October 2019, the UK government published the final draft of Environment Bill 2019–20 (the Bill), which aims to set out the government’s environmental priorities post-Brexit. The Bill covers a broad range of topics ― from air quality to England’s future environmental governance — and gives a legal footing to several policy commitments that the government has made in recent years. This blog post will consider the Bill’s content, and the potential impact that the Bill may have on environmental regulation in England.

By Joel C. Beauvais and Stacey L. VanBelleghem

On August 21, 2018 the Trump administration released its proposed Affordable Clean Energy (ACE) rule to replace the Obama administration’s Clean Power Plan (CPP). Both rules would regulate CO2 emissions from existing electric generating units (EGUs) pursuant to Section 111(d) of the Clean Air Act (CAA). The ACE proposal includes three elements:

  • Replacing the CPP with new emission guidelines for CO2 emissions from existing EGUs
  • Revising implementing regulations to guide the Environmental Protection Agency (EPA) and states on this and future Section 111(d) rulemakings
  • Revisions to the New Source Review (NSR) program for power plants

Here are six key points stakeholders should know about EPA’s proposed ACE rule.

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 of a wind farm takes on average between seven and nine years in France, versus three to four years in Germany. In order to limit the impact of drawn-out legal proceedings before administrative courts and allow projects to progress, a 2017 amendment to the Environmental Code (article L.181-18) now affords administrative judges broader powers to give more time and leeway to the authorities to correct a flawed decision or part of a decision before the court simply annuls it.

Webcast addresses recent developments involving the California Environment Quality Act.

By Marc Campopiano, Chris Garrett, and Winston Stromberg

The Project Siting & Approvals Practice hosted a 60-minute webcast on February 21, “CEQA Developments: How New Proposed Regulations and Streamlined Legislation Will Impact California Projects.” Speakers provided an overview of the proposed updates to the California Environmental Quality Act (CEQA) Guidelines, the implications of new proposed legislation to streamline CEQA (including S.B. 827), and the impact of the California

By Richard P. Bress, Philip J. Perry, Andrew D. Prins, Ryan Baasch and Alexandra Shechtel

On February 26, for the first time ever, a federal district court has enjoined a California Proposition 65 warning requirement on First Amendment grounds. Under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 — colloquially known as “Proposition 65” — the State listed the herbicide glyphosate, the most widely used herbicide in the world, as a chemical “known” to the

By Paul Davies and Michael Green

The Environmental Liability Directive (ELD) aims to prevent, remedy and/or compensate for environmental damage. ELD seeks to achieve this through the “polluter pays principle”, ensuring businesses are held legally and financially accountable for environmental degradation that results from their operations. However, Member States have varied considerably in implementing ELD, significantly reducing its effectiveness. The European Parliament is the latest of several European authorities to review ELD’s effectiveness.

A report published by the European Parliament sets out the primary areas of concern with ELD, namely: (i) the lack of certainty surrounding key definitions; and (ii) narrowness of scope. For example, the European Parliament considers there is “total uncertainty” regarding the “significance threshold”. As the significance threshold determines whether an incident triggers liability under ELD, the European Parliament considers the clarity of the threshold crucial. Furthermore, ELD only imposes strict liability on operators that cause environmental damage in the course of activities specified in an exhaustive list. Beyond this list, liability for environmental damage is fault-based.