Category Archives: Air Pollution

EPCA Preemption: What are its limits and How May it Harmonize with the Direct Regulation of Emissions from Appliances

This is Blog #4 on this this topic that will look at two issues.  First, where is the line between what is preempted and what is not under the Energy Policy and Conservation Act (EPCA)? This will look at rules … Continue reading

Posted in Air Pollution, All-electric, APCD, Building Peformance Standard, Energy, Energy Efficiency, EPCA, GHGs, Greenhouse Gas, Litigation, Nitrous Oxides, Ozone, Reach Codes | Tagged , , , , , | Leave a comment

Legislative Update: End of 2024 Legislative Session

The deadline for the Governor to sign or vetoes bills passed on September 30th. The Governor has called an extraordinary session where nine bills were introduced. So far, ABX2-1 and ABX2-9 appear to be active while the other seven may … Continue reading

Posted in Air Pollution, All-electric, APCD, CEQA, CPUC, Energy, GHG targets, GHGs, Greenhouse Gas, Legislation, Renewable Energy, Transportation, Vehicle Miles Traveled, VMT | Tagged , , , , , , , | Leave a comment

Blog #1 on Energy Policy Conservation Act (“EPCA”) Preemption Lawsuit filed Against State of Colorado and City of Denver

On April 22, 2024, the Colorado Apartment Association, Apartment Association of Metro Denver, Colorado and Lodging Association, Inc., and NAIOP Colorado Chapter filed a complaint in federal district court against the State of Colorado and City of Denver challenging building … Continue reading

Posted in Air Pollution, All-electric, Energy, Energy Efficiency, EPCA, Federal Preemption, GHGs, Greenhouse Gas, Legislation, Litigation, Reach Codes | Tagged , , , , , , , | 3 Comments

Implications of CRA v. Berkeley on All-Electric Building Codes and Reach Codes in California

On April 17, 2023, a three judge panel for the Ninth Circuit issued an Opinion in California Restaurant Association v. City of Berkeley finding that the Energy Policy and Conservation Act (EPCA) preempts a City of Berkeley’s ordinance that prohibits … Continue reading

Posted in Air Pollution, All-electric, climate planning, Energy, Energy Efficiency, EPCA, Federal Preemption, GHG targets, GHGs, Greenhouse Gas, Reach Codes | Tagged , , , , , , , , , , | 3 Comments

Legislative Update: Review of Trends through the 2022 Summer Recess

This blog was drafted by Allie Maggart, a 2024 J.D./M.A. joint degree candidate at the University of San Diego School of Law and Joan B. Kroc School of Peace Studies, with minimal edits. As the legislative calendars move towards the … Continue reading

Posted in Air Pollution, CEQA, climate planning, CPUC, Energy, GHG targets, GHGs, Greenhouse Gas, Legislation, Renewable Energy, Transportation | Tagged , , , , , , , , , , , , , | Leave a comment

Legislative Update: Chaptered and Vetoed Bills

With the October 10th deadline passing for the Governor to act on bills approved by the Legislature, the following represents the conclusion of tracked bills. There is still an option for the Legislature to override a veto and the vetoed … Continue reading

Posted in Air Pollution, CEQA, climate planning, CPUC, Energy, Energy Efficiency, GHGs, Greenhouse Gas, Legislation, Renewable Energy, Transportation, Vehicle Miles Traveled, VMT, Water | Tagged , , , , , , , | Leave a comment

Legislative Update: Passed Bills Enrolled to the Governor for the 2021 Session

The deadline to pass bills occurred on September 10, 2021 for the current 2021 session. The Governor has until October 10th, 2021 to sign or veto these bills. You can link to our Legislative Database to view relevant bills from … Continue reading

Posted in Air Pollution, CEQA, climate planning, CPUC, Energy, Energy Efficiency, GHGs, Greenhouse Gas, Legislation, Renewable Energy, Transportation, Water | Tagged , , , , , , , , | Leave a comment

How has Vehicle-Miles-Traveled flattened Air Pollution in the San Diego Region After Covid-19 Shutdowns?

Co-authored with Bill Brick (San Diego Air Pollution Control District) Over the past several weeks there has been a reduction in daily vehicle miles traveled (VMT) in the San Diego region due to Shelter-in-Place orders issued by the Governor of … Continue reading

Posted in Air Pollution, APCD, COVID, GHGs, Greenhouse Gas, Nitrous Oxides, Ozone, Uncategorized, Vehicle Miles Traveled, VMT, Work from Home | Tagged , , | Leave a comment