Category Archives: Litigation

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

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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

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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

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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

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