This is a continuing series of posts on the latest environmental and legal developments affecting oil and gas operations and development and other industries in Los Angeles and adjacent counties, as well as the southern San Joaquin Valley. In this post, we provide an update on regulatory developments at the California Air Resources Board, the … Continue Reading
On February 14, 2020, the State Water Resources Control Board (SWRCB) and the California Department of Toxic Substances Control (DTSC) issued a public notice regarding the release of Draft Supplemental Guidance: Screening and Evaluating Vapor Intrusion (Draft Guidance) that supplements existing vapor intrusion guidance issued in 2011. The Draft Guidance is now available for public … Continue Reading
This is the first in a series of posts to provide the latest on environmental and legal developments affecting oil and gas operations and development and other industries in Los Angeles and adjacent counties, as well as the southern San Joaquin Valley. In this post, we’ll provide an update on legislation proposed in 2019 that … Continue Reading
Our latest post provides updates on environmental and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley. We welcome your comments and contributions. Legislation and Ordinances Implementation of AB 617, CARB’s Community Air Protection Program. AB 617 requires the California Air Resources Board (CARB) by October 1, 2018 … Continue Reading
By Mike Mills and Shannon Morrissey on Posted in Air
Governor Jerry Brown signed Assembly Bill 1132 (“AB 1132”) into law on August 7, 2017. The bill, authored by Democratic Assemblymember Cristina Garcia, adds Section 42451.5 to the Health and Safety Code which authorizes air districts to issue interim orders for abatement pending an abatement hearing for non-vehicular sources of air pollution. The South Coast … Continue Reading
California’s cap-and-trade program withstood a battle in court, and now the Legislature is proposing changes to the controversial program. Senator Bob Wieckowski (Democrat – District 10), Chair of the Environmental Quality Committee, has authored Senate Bill 775 (“SB 775”) which would extend the cap-and-trade program to 2030 with modifications. The existing cap-and-trade program, established under … Continue Reading
As the sands shift on federal climate change policy, California’s cap-and-trade program survives to fight another day. Yesterday, a California Court of Appeal upheld the program because it does not impose a tax subject to the two-thirds supermajority vote requirement under Proposition 13. The Court also affirmed the California Air Resources Board’s (CARB) authority to … Continue Reading
Newton’s Third Law apparently not only applies in physics, but in politics as well. Last week, the California Senate leadership unveiled the “Preserve California” legislative package to oppose the rollback of federal environmental protections by President Trump and the GOP-controlled U.S. Congress. The package included California State Senate Bill 49, aka the “California Environmental Defense … Continue Reading
Which air quality regulatory actions are most likely to see noteworthy litigation activity in 2017? My colleagues Krista McIntyre and Rachel Cox are guest-blogging today with commentary on key areas we’re watching: the Clean Power Plan, Boiler MACT and Methane Rule. All eyes are on the D.C. Circuit Court of Appeals for a decision on the enforceability of the … Continue Reading
The recent wave of climate change legislation in California also included a new and not particularly well-known law aimed at curbing greenhouse gas (“GHG”) emissions associated with water use. SB 1425 will create a voluntary registry to track the water sector’s energy use and GHG emissions. According to Senator Pavley, the author of SB 1425, … Continue Reading
This is the second update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley. We welcome your comments and feedback. South Coast Air Quality Management District: *Continued Report on New Management: Wayne Nastri, once an SCAQMD Governing Board Member, former USEPA Region IX Regional … Continue Reading
This is the first update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin l Valley. Let us know what you think. Your comments on this Update will be considered for inclusion in future updates. South Coast Air Quality Management District *New Management: The Governing … Continue Reading
On June 4, 2016, the City of Los Angeles rolls out its much-discussed Clean Up Green Up (CUGU) pilot program for three communities: Boyle Heights, Wilmington and Pacoima. Ordinance 184246, approved by Mayor Garcetti on April 22, 2016, adds new rules to the City’s Planning and Zoning Code and Building Code. CUGU is controversial. Communities … Continue Reading
By Juliet H. Cho and Tom Henry on Posted in Air,CEQA
On January 20, 2016, the Governor’s Office of Planning and Research (“OPR”) released a revised draft of thresholds for measuring transportation impacts under the California Environmental Quality Act (“CEQA”). These draft thresholds are designed to promote the reduction of greenhouse gas emissions (“GHG”) pursuant to its mandate under Senate Bill 743 (Steinberg, 2013). The initial draft was released for review in August 2014.
OPR’s revised draft is fundamentally similar to its initial draft. In particular, under both drafts, the focus of a project’s transportation impacts analysis under revised Guidelines would shift from analyzing the project’s potential to increase traffic delays to the project’s effects on GHG emissions by focusing on vehicle miles traveled (“VMT”). The CEQA Guidelines have always focused a project’s potential transportation impacts analysis on the project’s potential to increase traffic delays by analyzing the project’s level of service (“LOS”). … Continue Reading
The Ninth Circuit Court of Appeals capped a saga of over seven years on June 18 by extending its March 11, 2015 ruling in support of alternatives to imposing hefty fees on individual companies which have complied with the law, but happen to do business in California’s Central Valley or South Coast. Environmental groups challenged … Continue Reading
This morning, the U.S. Supreme Court issued a surprising decision in Utility Air Regulatory Group v. Environmental Protection Agency on the U.S. Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases under the Clean Air Act (CAA). The Supreme Court has held that EPA cannot regulate stationary sources under the CAA Prevention of Significant Deterioration (PSD) … Continue Reading
By Ryan R. Waterman, Parissa Ebrahimzadeh What does California have planned for the year 2020? An ambitious collection of energy related goals. Stoel Rives attorneys Ryan Waterman and Parissa Ebrahimzadeh explore nine California energy policy goals in an article entitled “California’s “Magic” Number: Nine Goals for 2020 and Where We May Go From There,” published … Continue Reading
Governor Brown released a summary of his proposed 2014-2015 budget this week, including details on proposed environmental protection and natural resources spending. The Governor’s budget provides $3.6 billion in funding for the California Environmental Protection Agency, including $3.1 billion in State funds and $54 million from the General Fund. Proposed funding of CalEPA programs include: $850 million … Continue Reading
This week, the Ninth Circuit Court of Appeals issued its decision in Rocky Mountain Farmers Union v. Corey, ruling on the constitutionality of California’s Low Carbon Fuel Standard (LCFS). The Court of Appeals reversed the District Court’s holdings in large part, in particular finding that the LCFS does not on its face violate the dormant … Continue Reading
The California Air Resources Board (CARB) is facing another legal challenge to its cap and trade program – Morning Star Packing Co. v. California Air Resources Board (Sacramento Superior Court case no. 34-2013-80001464, filed April 16, 2013). A coalition of twelve companies, trade associations, and individuals filed the new lawsuit on Tuesday, challenging the legality … Continue Reading
The South Coast Air Quality Management District has scheduled its fifth working group meeting on the District’s proposed Rule 1304.1 for May 8, 2013. The proposed Rule would impose substantial new fees for the replacement or repower of electrical generating facilities within the District, by charging developers who obtain air emissions offsets from the District’s … Continue Reading
The South Coast Air Quality Management District held its third working group meeting yesterday for the District’s proposed Rule 1304.1. The proposed Rule would impose substantial new fees on developers repowering electrical generating facilities within the District, which encompasses Orange County and parts of Los Angeles, Riverside, and San Bernardino Counties. Under the proposed Rule, … Continue Reading
On February 19, 2013, the California Air Resources Board held its second auction of greenhouse gas (GHG) emission allowances for its Cap and Trade Program. This was the first quarterly auction for 2013; the first auction was held November 14, 2012. All ‘covered entities’ – GHG emitters regulated under Cap and Trade – were eligible … Continue Reading
California’s Cap and Trade Program is now a reality. Businesses needs answers to questions arising from this complex program. Now that the State of California has held its first auction of carbon allowances under the Program and the initial compliance period of 2013-2014 is now underway, Stoel attorneys Michael Mills, Tom Henry and Allison Smith … Continue Reading
