Category Archives: Litigation

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

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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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Center for Biological Diversity et al., v. California Department of Fish and Wildlife, and the Newhall Land and Farming Company: the Burden of CEQA Land Use GHG Emission Reduction Analysis at the Local Level

The Center for Biological Diversity et al., v. California Department of Fish and Wildlife, and The Newhall Land and Farming Company, 62 Cal.4th 204 (2015)(hereafter, the Newhall Land case) addresses three issues: 1) whether the project level environmental impact report … Continue reading

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How can Demand Response (DR) resources be compensated at the retail level in light of the D.C. Circuit Ruling on FERC Order No. 745?

On a January 21, 2015, former Federal Energy Regulatory Commission (FERC) Chair Jon Wellinghoff participated in a webinar produced by the Advanced Energy Economy entitled Order 745 and the Future of Demand Response: An Interview with former FERC Chairman Jon … Continue reading

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Regional Transportation Plan Litigation: Fourth Appellate District Finds SANDAG Transporation Plan Violated CEQA

In Cleveland National Forest Foundation v. SANDAG, a three-judge panel from the California Forth Appellate District heard SANDAG’s appeal of a trial court ruling on the first Regional Transportation Plan put forward by one of the state’s nine regional planning … Continue reading

Posted in CEQA, Greenhouse Gas, Litigation, Transportation | 1 Comment

Climate Action Plan Litigation: San Diego County Appeals Fourth Appellate District CEQA Decision

In Sierra Club v. County of San Diego a three-judge panel of the Fourth Appellate District heard an appeal by the County of San Diego of a superior court finding that the County violated CEQA by not complying with the … Continue reading

Posted in CEQA, Energy, Greenhouse Gas, Litigation | 1 Comment

Low Carbon Fuel Standard Litigation (California)

Introduction (Many thanks to Tyler Blix for his research and contributions for this post). California Assembly Bill 32 (“AB 32”), also known as California’s Global Warming Solutions Act of 2006, set a goal for the statewide reduction of GHG emissions … Continue reading

Posted in Energy, Greenhouse Gas, Legislation, Litigation, Renewable Energy, Transportation | 1 Comment