In my discussion yesterday of the shortcomings of the Climate Superfund Act, I actually ignored arguably its biggest flaw.
While the Act certainly looks much like a tax, I failed to point out that the Act omits what is typically the biggest selling point of a carbon tax – its impact on prices and consumption
Shale Law Weekly Review—Week of January 29, 2023
Methane Emissions: EPA Proposes New Rule Aimed at Methane Reductions in Oil and Gas Industry
On Friday, January 12, 2024, the Environmental Protection Agency (EPA) Press Office released a statement regarding a newly proposed EPA rule aimed at reducing “wasteful methane emissions from the oil and gas sector.” The purported purpose of these methane emission
The Original Superfund Worked So Well; Let’s Replicate It to Deal with Climate Change!
As I’ve noted many times, criticizing CERCLA is like shooting fish in a barrel. Apparently, however, my criticism is not universally shared. According to WBUR, some legislators around the country are so pleased with how well CERCLA works that they have proposed a “Climate Superfund Act,” replicating CERCLA in order to fund climate
Reversal of Misfortune: Second District Holds CEQA Action Challenging Los Angeles Housing Development Project Barred By Statute of Limitations, Reverses Trial Court Judgment Rejecting MND and Requiring EIR
In a published opinion filed on January 17, 2024, the Second District Court of Appeal (Div. 5) reversed a trial court judgment overturning a mitigated negative declaration (MND) and requiring an EIR for a 42-single family home project; instead, the Court of Appeal held the petitioners’ action should have been dismissed as time-barred and that the trial court erred in overruling the demurrers of respondent City of Los Angeles and the real party developers on statute of limitations grounds. Delia Guerrero et al. v. City of Los Angeles (TTLE Los Angeles – El Sereno LLC et al, Real Parties in Interest) (2024) 98 Cal.App.5th 1087.
HAA does not Mandate Approval of Housing Project Found Inconsistent with Zoning
In Snowball West Investments L.P. v. City of Los Angeles (2023) 96 Cal.App.5th 1054, the Second District Court of Appeal addressed the “rezoning exemption” of the Housing Accountability Act (HAA), finding that a housing project was required to comply with a zoning density limit even though the applicable general plan allowed for higher residential
Agricultural Law Weekly Review—January 29, 2024
Water Quality: EPA Publishes Proposed Rule for Meat and Poultry Point Source Effluent Limitations
On January 23, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a proposed rule (89 FR 4474) to amend Meat and Poultry Products Effluent Guidelines and Standards. Initially announced by EPA on December 15,
National Definition for a Zero Emissions Building
You can provide feedback on the draft national definition for a Zero Emissions Building.
Each Federal Agency Should Use Its Judgment in Determining the Social Cost of Carbon — How’s That Going to Work Out?
Late last month, the Interagency Working Group on Social Cost of Greenhouse Gases quietly released a three-paragraph memo on how agencies should determine the social cost of greenhouse gas emissions. I hesitate to call it “guidance.” Here’s the operative language:
As agencies consider applying the SC-GHG in various contexts, agencies should use their professional judgment
EPA Releases Updated, Elevated Estimates for the Social Cost of Greenhouse Gases
New report raises social cost of carbon estimates, surpassing previous estimates by more than 250%.
By Joshua Bledsoe, Kevin Homrighausen, and John Detrich
On December 2, 2023, the US Environmental Protection Agency (EPA) released a final report that substantially increases estimates of the social cost of greenhouse gases (GHG), including carbon dioxide, methane, and nitrous oxide (collectively, SC-GHG). The report describes SC-GHG as “the monetary value of the net harm to society from emitting one metric ton of that GHG into the atmosphere in a given year.”[1] The new estimates are intended to serve as a tool for decision-makers, aiding in the cost-benefit analysis of actions that would reduce or increase GHG emissions. Indeed, federal agencies are expected to use the estimates in future rule-makings and in the environmental review of forthcoming projects.
California Publishes Preliminary Report on Recyclability of Materials Under SB 343
California’s Department of Resources Recycling and Recovery (CalRecycle) recently released a preliminary report analyzing data related to the recyclability of certain materials in California. The report, issued in accordance with CalRecycle’s obligations under California Senate Bill 343 (SB 343), is intended to help the public determine whether businesses may legally claim their products and packaging