Category Archives: Litigation

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 , , , , , , , , , , , , , , , , , , , , , | Leave a comment

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 , , , , , | Leave a comment

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 , , , , , , , | Leave a comment

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 , , , , , , | 1 Comment

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

Posted in Energy, Litigation, Uncategorized | Tagged , | Leave a comment

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 , , , , , , , | Leave a comment

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

Posted in Energy, Litigation | Tagged , , , , , , , | Leave a comment