Category Archives: Litigation
What Questions Will be Answered by the Appeals Court as it Applies a Less Deferential Standard to the CPUC in its Review of the CPUC’s Net Billing Tariff Decision
This is a follow up to my previous blog post on the California Supreme Court’s Opinion that remitted the Center for Biological Diversity v. CPUC (A167721; S283614) to the 1st Appellate District. With supplemental and responsive briefing filed on November … Continue reading
Posted in CPUC, Energy, Legislation, Litigation, Renewable Energy
Tagged California, CPUC, Distributed Energy, Electricity, Independent Judicial Review, Legislation, nbt, NEM 3.0, Policy, solar
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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
Blog # 3 on EPCA Litigation: What can the Limited Case Law Tells Us About Interpreting the EPCA?
This blog will continue the discussion on the EPCA specific to two past, unpublished EPCA cases that predate the litigation against the City of Berkeley. The first is a building performance regulation that applied to both existing and new construction … Continue reading
Posted in All-electric, Building Peformance Standard, climate planning, Energy, Energy Efficiency, EPCA, Federal Preemption, GHG targets, GHGs, Litigation, Reach Codes
Tagged California, climate planning, Electricity, Energy, EPCA, Federal Preemption, Legislation, Local Energy Codes, Policy, State Energy Codes
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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 California, colorado, denver, Electricity, Energy, Greenhouse Gas, Legislation, Policy
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City of Berkeley Files Petition for Rehearing in CRA v. City of Berkeley 9th Circuit Case Regarding Authority to Ban Natural Gas Plumbing in New Construction
As the previous post discussed here, the City of Berkeley was granted until 5/31/23 to file a petition for rehearing en banc to the full 9th Circuit. Yesterday, the City of Berkeley filed its Petition for Rehearing En Banc. This … Continue reading
Litigation Update: Latest Round of Litigation Filed over County of San Diego CAP and General Plan Update Amendment
On March 16, 2018, the Sierra Club and several other environmental and climate oriented organizations (Petitioners) filed a Writ of Mandate in San Diego Superior Court against the County of San Diego. The Writ challenges the County of San Diego’s … Continue reading
Posted in CEQA, Energy, Greenhouse Gas, Litigation
Tagged 2018, AB 32, California, Carbon Offsets, CEQA, Climate Action Plans, Climate Change, County of San Diego, EIR, Electricity, Energy, Environmental Impact Report, General Plan, General Plan Amendment, General Plan Update, Land Use, Petition, San Diego, SB 32, SB 375, Sierra Club, Writ of Mandate
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Exercising Discretion in CEQA EIR GHG Analysis: Cleveland National Forest v. SANDAG
Yesterday, the California Supreme Court issued a narrow opinion on the appeal by the San Diego Association of Government (SANDAG) of the appellate decision in Cleveland National Forest Foundation et al., v. San Diego Association of Government. The California Supreme … Continue reading
Posted in CEQA, Energy, Greenhouse Gas, Legislation, Litigation, Transportation
Tagged California, CEQA, GHGs, Litigation, Regional Transporation Planning, SB 375
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Supreme Court Denial of Petition Upholds Appellate Decision on Cap-and-Trade
The Supreme Court denied a petition to review the Third Appellate District court decision on the California Chamber of Commerce, et al. v. California Air Resources Board, et al consolidated cases. In that decision, the Third Appellate District affirmed a … Continue reading
Posted in Greenhouse Gas, Legislation, Litigation
Tagged California, CARB, Climate Change, Electricity, Energy, GHGs, Legislation, Policy
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Third Appellate District Upholds CARB’s Cap-and-Trade Auction Authority under AB 32
Today, the Third Appellate District affirmed the Sacramento Superior Court judgment from 2013 that dismissed two consolidated lawsuits filed by the California Chamber of Commerce and Morning Star Packing Co against the California Air Resources Board (CARB). These cases attacked … Continue reading
Posted in Energy, Greenhouse Gas, Litigation
Tagged AB 32, California, Cap and Trade, CARB, Energy, Greenhouse Gas, Prop 13
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Supreme Court Issues Hughes v. Talen Marketing Decision With Limited Effect on California and the West
Today, the U.S. Supreme Court issued a very narrow 8-0 decision in Hughes v. Talen Marketing finding that Maryland Public Service Commission’s program for in-state long-term capacity procurement set an interstate wholesale rate that interfered with the Federal Power Act’s … Continue reading
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