Lee Smith

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First California Cap-and-Trade Auction Delayed, Lawsuit Filed to Challenge Offset Protocols

From Allison C. Smith and Lee N. Smith: Last week was busy for the California Cap-and-Trade Program, adopted by the California Air Resources Board (CARB) last December under A.B. 32. First, last Tuesday, CARB Chairman Mary Nichols announced at a Senate hearing that the first scheduled Cap-and-Trade allowance auction, scheduled for August 2012, will be … Continue Reading

Cap-and-Trade Regulation Passed by CARB

On October 20, 2011 the California Air Resources Control Board (CARB) passed the cap-and-trade regulation that was called for the in the AB32 Scoping Plan.  The main focus of the regulation is to establish a program that allocates a certain allowance of greenhouse gas emissions to the industry based on certain calculations. Those emissions allowances … Continue Reading

San Joaquin Valley Carbon Credits/CEQA Offset Rule

The San Joaquin Valley Air Pollution Central District (SJVAPCD) has released a Final Draft Staff Report and proposed rule revising Rule 2301 that concerns the banking of greenhouse gas (GHG) reductions. The rule amends the SJVUAPCD’s existing offset banking Rule 2301 and would allow entities to bank GHG credits generated by protocols issued by California … Continue Reading

The Second Notice of Modifications To The Cap and Trade Program

On September 12, 2011 the California Air Resources Control Board (CARB) released the Second Notice of Public Availability of Modified Text and Availability of Additional Documents and Information.  This is the second revision of the “minor” changes made  to the December 16, 2010 approval of the Cap and Trade Program. These additional modifications address comments CARB … Continue Reading

CARB Releases RFPs For The Cap and Trade Program

Four major RFPs for the Cap and Trade Program are out for public review. Essentially the four RFPs are for:  1) An operator to run the auction; 2) A contractor to provide financial services for participants that need to purchase emission allowances; 3) An entity to monitor the market and report activities in various jurisdictions that may … Continue Reading

Scoping Plan Revisions

On August 24, 2011, the California Air Resources Control Board (Board) through its Notice of Decision approved the revised and reapproved the Scoping Plan for carrying out the state’s greenhouse gas law, AB 32.  Although the Board’s action came after a full day of hearing that was mostly dominated by environmental justice advocates arguing that the new … Continue Reading

Sulfur Dioxide Added to Prop 65 Could Have Broad Range of Impacts

Effective July 29, 2011 the California Office of Environmental Health Hazard Assessment (OEHHA) added sulfur dioxide (CAS. No. 7446-090-05) to the Proposition 65 list of chemicals known to the state to cause reproductive toxicity. Sulfur dioxide is found in numerous products including food and beverages. Proposition 65 is the statute that requires notification by manufacturers of … Continue Reading

Wind Farm Development in California: A Case Study on How to Overcome Legal and Business Hurdles

Our team of renewable energy attorneys recently published a detailed Case Study of a complex, multi-phase, 600 MW wind project. This hypothetical illustration provides an overview of the myriad issues, both legal and practical, that a wind energy project developer faces in California. The Case Study is a useful resource for all potential wind developers … Continue Reading

CARB Releases Draft Changes To Cap And Trade Regulations

The California Air Resources Board has released draft changes to the Board’s late 2010 version of its greenhouse gas cap-and-trade regulation. The changes deal with emission allocations for public and investor-owned utilities, changes the timing of auctions, the scope of enforcement, and other issues. A workshop will has been set for July 15, 2011.… Continue Reading

Supreme Court Dismisses Commom Law Nuisance Suit

Supreme Court dismisses federal common law nuisance GHG suits against power producers because of federal Clean Air Act preemption, does not rule on state preemption issues. The case also dealt with issues of standing and agency primacy.  See http://www.lawofrenewableenergy.com/ for the full details.… Continue Reading

Cap & Trade Injunction Stayed by Appeal of Lower Court Decision

As we discussed previously, the AB 32 rule making process for Cap and Trade received a large setback when the lawsuit brought by several environmental groups successfully argued, at the Superior Court level, that the environmental document that was required to be approved at the time the regulations were approved was deficient.   The Court after … Continue Reading

California Cap & Trade Challenge Final Order Issued

On Friday, May 20, 2011, Judge Goldsmith of San Francisco Supreme Court issued a final order  (PDF) with respect to a lawsuit challenging the environmental review of the Cap and Trade regulations created under California’s AB 32 Greenhouse Gas statute and the associated Scoping Plan. In its order, the Court enjoined the Cap and Trade portion of the … Continue Reading

Coffee Brewers and Servers Sued Under Prop 65

As we foreshadowed with our blog regarding 60 day notices, the Committee for Education and Research on Toxics (CERT) filed a Proposition 65 enforcement action alleging that ready-to-brew coffee exposes coffee drinkers to acrylamide (a chemical known to the state of California to cause cancer). CERT v. Brad Berry Co., Ltd., No. BC461182 (Cal. Sup. … Continue Reading

Prop 65 Targets Cooked Food, Coffee and Vitamin Supplements

The Industry Acrylamide Coalition (Coalition) filed suit against the State of California Office of Environmental Health  Hazard Assessment (OEHHA), the agency that manages and revised the Prop 65 list to include 4-metheylimidazole (4-MEI), as a carcinogen.  4-MEI is often found in cooked foods. The Coalition argues that the third party report on which the listing … Continue Reading

Revised Monitoring and Reporting for Existing Milk Cow Dairies

Reportedly, Executive Officer, Pamela Creedon of the California Regional Water Quality Control Board, Central Valley has approved a Draft Revised Monitoring and Reporting Program (Draft) for dairies under the current General Order (PDF).  The Draft requirement includes changes that clarify when certain activities take place, including inspections of the production area, visual inspections of stormwater contaminant … Continue Reading
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