Update #2 on San Francisco CEQA/AB 32 Case: Final Judgment Sheds More Light on Ruling’s Impact

Climate Change

CourtroomWe have brought you blog posts (here and here) about the San Francisco Superior Court case brought by environmental justice groups challenging the California Air Resources Board’s (CARB) environmental analysis of AB 32. As we reported in March, Judge Goldsmith’s final ruling stated that CARB violated CEQA (the California Environmental Quality Act) by failing to adequately consider certain alternatives to the cap-and-trade system CARB was set to implement. However, last Friday, Goldsmith’s judgment was filed with the court and it clarified and narrowed his final ruling.
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Dear Jerry, Break Up With Cap-And-Trade: Sierra Club’s open letter to Governor Brown criticizes AB 32’s cap-and-trade regulation

Climate Change

USDocEarlier this month, the director of the Sierra Club of California, Bill Magavern, wrote an open letter to Governor Jerry Brown asking that his administration “re-evaluate” the cap-and-trade regulation adopted by the California Air Resources Board (ARB) in December of last year. The cap-and-trade program is one of the strategies being employed to reduce greenhouse gas emissions to 1990 levels by the year 2020, as mandated by AB 32 (known as the “Global Warming Solutions Act”). (But, you already know this since you read our blog ALL the time… right??)

In the letter the Sierra Club criticizes the cap-and-trade program for a number of reasons including the following:
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Update on Simitian’s Renewable Energy Bill: Governor Brown signs bill requiring 33% of utilities’ power come from renewable energy sources

Clean Technology

Windpower1In February, we reported that Sen. Joe Simitian’s (D-Palo Alto) bill, known as SBX1 2, passed the California State Senate. As expected, it was signed into law by Governor Jerry Brown last month after having also passed the State Assembly on March 29th with a vote of 55-19. The law requires that 33% of the power that California utilities provide to their customers come from solar, wind and other qualified renewable sources by the year 2020. The bill was signed at a ceremony at a solar manufacturing plant in Milpitas on April 12th.

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Guiding Us Through the Waters of the United States: New Guidelines Proposed Clarifying What Waters are Protected by Clean Water Act

Water Quality

WaterfallOn May 2, the Environmental Protection Agency (EPA) and Army Corps of Engineers formally proposed new guidelines for determining which waters and wetlands are “waters of the United States” and are, therefore, protected under the Clean Water Act (CWA).

According to the notice, jointly published in the Federal Register, the new guidelines will provide clarity and predictability regarding the scope of the “waters of the United States.” The agencies saw this as needed since the waters have become somewhat murky (terrible pun, I know…) after the Supreme Court’s decisions in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC) in 2001 and Rapanos v. United States in 2006.

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GREENberg bLAWg Named a 2011 Top 50 Blog by LexisNexis Environmental Law & Climate Change Community

Climate Change

Top 50 Blog
Launched in the aftermath of the BP Gulf of Mexico oil spill, Greenberg Glusker’s GREENberg bLAWg was recognized, on the one-year anniversary of the disaster, as a “Top 50 Blog 2011” by the LexisNexis Environmental Law & Climate Change Community for its quality coverage connecting the environment and law. The frequently updated postings, found at EnvironmentalLawyerBlog.com, comment on evolving environmental regulations and provide legal insight into such diverse areas as climate change, clean tech, air quality, water quality, green building, environmental litigation, Brownfields, and the California Environmental Quality Act (CEQA).

“Our goal was not to produce another scary law blog. We wanted to speak to a broad audience, including clients and people interested in environmental issues,” said blog Editor-in-Chief and Greenberg Glusker attorney Sedina L. Banks. We are pleased that the blog attracts so many readers, and we are honored by this recognition from LexisNexis.

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