Category Archives: Litigation
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
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
Posted in CEQA, Energy, Greenhouse Gas, Litigation, Uncategorized
Tagged AB 32, California, CEQA, climate planning, General Plan, Greenhouse Gas, Land Use, Project Emission Reductions
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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
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
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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
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