Environmental, Climate, and Land Use News

EPA Regulations and the Nuisance Cases on Climate Change - Where Do We Go From Here?

Posted Dec. 18, 2009

After the issuance of three long-awaited rulings in nuisance cases from the Second Circuit, Fifth Circuit, and Northern District of California federal courts, industry and insurers may be reassessing potential liabilities related to climate change and greenhouse gas (GHG) emissions. Their analysis will necessarily involve recent regulatory activity by the U.S. Environmental Protection Agency ('EPA') and developing legislation on Capitol Hill. While the losing parties in all three cases have requested review, we do not expect proposed EPA regulations on GHGs to eliminate nuisance causes of action, and proposed federal GHG legislation may not have that result either.

ARB Issues Preliminary Draft Cap and Trade Rule Under AB 32

Posted Dec. 7, 2009

On November 24, ARB issued its Preliminary Draft Rule for a California Cap-and-Trade Program for public review and comment. Comments on the Preliminary Draft were requested by January 11 and will be considered in the preparation of a Proposed Regulation for public comment in Spring 2010.

ARB Board Considers Regional Targets Advisory Committee Final Report

Posted Dec. 7, 2009

On September 29, the Regional Targets Advisory Committee (RTAC) issued its Final Report, Recommendations of the [RTAC] Pursuant to Senate Bill 375. The California Air Resources Board (ARB) considered the Report at its November 19, 2009 meeting. One of the goals of SB 375 was to better integrate land use and transportation planning to reduce vehicle miles traveled (VMT) and the GHG emissions related to them. The statute's approach toward this end was to call on ARB to develop regional GHG targets for regions covered by Metropolitan Planning Organizations - and to provide CEQA exemptions for local agencies where regional land use and transportation plans were consistent with reaching the targeted reductions. RTAC's duty under the statute was to make recommendations to ARB regarding the development of regional targets, and its report provided a number of suggestions.

Climate Action Reserve Releases Draft Ozone Depleting Substances Offset Accounting Protocols for Comment by Dec. 18

Posted Dec. 7, 2009

The Climate Action Reserve issued draft protocols for accounting for offsets relating to the destruction of ozone depleting substances (ODSs). Comments on the protocols are due December 18.

ARRA Funding Opportunity Deadlines Approach for California Local Government Entities under EECBG and State Energy Program

Posted Dec. 7, 2009

Deadlines are approaching December 14, December 21, and January 12 for various stimulus-funded programs administered by the U.S. Department of Energy and the California Energy Commission pursuant to the Energy Efficiency and Community Block Grant (EECBG) program and the State Energy Program (SEP).

Kerry-Boxer Reported Out of Senate Environment & Public Works Committee; Other Committees Get Turn

Posted Dec. 7, 2009

In early November, the Senate Environment and Public Works Committee reported out a draft of S.1733, the “Clean Energy Jobs and American Power Act.” The bill had no Republican support (Republican Committee members actually boycotted the proceedings). The draft contains a number of similarities to Waxman-Markey House bill, H.2454, but there are questions as to whether it can gain adequate votes in the Senate as it presently stands. Future action may focus on a compromise bill Senators Kerry, Graham and Lieberman are trying to hammer out with assistance from Administration officials.

It´s now clear that further progress on the Senate version will not occur until next year, after the Copenhagen round of international climate talks, which officially started today. President Obama recently indicated that he would attend the opening of the Copenhagen talks, and indicated that the U.S. would commit to the reductions specified in the already passed Waxman-Markey bill, which are slightly lower than those included in S.1733.