In an important published opinion filed February 16, 2024, the Fourth District Court of Appeal (Div. 1) held the San Diego County Board of Supervisors committed a prejudicial abuse of discretion in granting project opponents’ appeals of the Planning Commission’s decision upholding County’s use of the CEQA Guidelines section 15183 exemption for a construction debris and inert materials recycling facility project. Hilltop Group, Inc., et al v. County of San Diego, et al. (2024) 99 Cal.App.5th 890. The decision is noteworthy not just as the newest in a series of recent published decisions explicating the application of this important CEQA exemption, but because it sides with and grants a writ remedy to a project developer plaintiff that ultimately prevailed in litigation alleging a lead agency overstepped its legal authority by ordering preparation of an unnecessary EIR for an exempt project.
EPA Lowers Annual PM2.5 NAAQS, With Immediate Impacts for Air Permitting
Exercising one of its most important and far-reaching powers under the Clean Air Act, the Environmental Protection Agency (EPA) has lowered the primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM2.5) from 12 micrograms per cubic meter (ug/m3) down to 9 ug/m3, changing the game on air quality permitting for much of the U.S. EPA’s February 7, 2024 final rule, which will become effective 60 days following its publication in the Federal Register, represents a reversal of the Trump administration’s decision to retain the PM2.5 standard of 12 ug/m3 set under the Obama administration in 2012. The lower standard will set off a chain reaction of additional requirements for state air agencies, and ultimately industrial sources, in places designated as nonattainment with the new standard, but one impact of the new standard will be felt almost immediately: increased difficulty in obtaining air permits.
U.S. Supreme Court Bolsters Choice-of-Law Clauses in Maritime Insurance Contracts: Putting the Presumption Back in Presumptive Enforceability
Back in March of 2023, the U.S. Supreme Court granted cert in the case of Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC (find our coverage of that grant here). Last week, the Court released its opinion in that case, a 9-0 decision in favor of the insurer-appellant. In short, the Court
Shale Law Weekly Review—Week of February 26, 2024
Methane Emissions: DOE and EPA Announce Intent to Fund Methane Mitigation
On February 9, 2024, the Department of Energy (DOE) and the Environmental Protection Agency (EPA) announced their intent to make Inflation Reduction Act funds available for mitigating methane, a “super pollutant.” The Methane Emissions Reduction Program will seek to target the oil and natural
EPA Lowers the Fine Particulate NAAQS: A Closer Look at Implementation and Potential Impacts
On February 7, 2024, the U.S. Environmental Protection Agency (EPA) released its Final Rule lowering the primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM 2.5) from the current level of 12 micrograms per cubic meter (μg/m3) to 9 μg/m3. Once published, the Final Rule is certain to be challenged in
OSHA Provides Webinar and Instructional Materials to Instruct Employers On New Obligations in Using OSHA’s Injury Tracking Application (ITA) to Submit Form 300A, Form 300, and Form 301 Data
By Adam R. Young, James L. Curtis, Daniel R. Birnbaum, and Craig B. Simonsen
Seyfarth Synopsis: As a new update this year, certain employes are required to submit OSHA Form 300, 301 and 300A online. OSHA recently offered a webinar on using it’s Injury Tracking Application (ITA) to submit this data.
Hawaii Considers $25 Climate Tax
It’s a very small price to pay to preserve paradise
EPA Proposes to Regulate PFAS under RCRA Corrective Action
On February 8, 2024, U.S. EPA proposed two new significant regulations that would expand its authority to require cleanup of per- and polyfluoroalkyl substances (PFAS) under the Resource Conservation and Recovery Act (RCRA). The scope of the proposed regulations and the potential facilities affected are discussed below.
Background on RCRA Program
To understand the potential
Agricultural Law Weekly Review—February 26, 2024
Explore the Center’s updated Waters of the United States Virtual Resource Room and Waters of the United States Issue Tracker!
Water Quality: Federal Court Vacates EPA, FWS Actions Allowing Florida to Assume Clean Water Act Wetland Authority
On February 15, 2024, the U.S. District Court for the District of Columbia issued an opinion granting
Maine and Minnesota Accepting Proposals Through March 1, 2024 for “Currently Unavoidable Use” Exemptions from Upcoming State Ban on PFAS-Containing Products
As we’ve posted here before, by statutory enactment, Maine intends to ban the sale, marketing, and distribution of products or product components containing intentionally added PFAS, effective January 1, 2030. 38 M.R.S. § 1614. This follows Maine’s notification requirements for products containing intentionally added PFAS, which is effective January 1, 2025. The