On Nov. 10, 2023, the European Commission authorized a State aid scheme presented by Italy, earmarking EUR 1.7 billion to bolster agrivoltaic plants.
The proposed addition of solar panels to the universal waste regulations
Earlier this week, New York State Attorney General Letitia James filed suit against PepsiCo. At the core of the case are allegations that PepsiCo.’s widespread use of single-use plastics has created or contributed to a public nuisance in the Buffalo River.
I don’t doubt that plastic-related conditions in the Buffalo River constitute a public nuisance.
In a published opinion filed November 13, 2023, disposing of consolidated appeals, the Second District Court of Appeal (Div. 6) affirmed judgments denying writ petitions that sought to invalidate a Ventura County ordinance. The ordinance at issue created wildlife migration corridor overlay zones covering approximately 163,000 less-developed acres of the County, including 10,000 acres of classified mineral resources. California Construction and Industrial Materials Association/Ventura County Coalition of Labor, Agriculture and Business v. County of Ventura (Los Padres Forestwatch, et al., Interveners and Respondents) (2023) 97 Cal.App.5th 1. As did the trial court, the Court of Appeal rejected the arguments of appellants – which were coalition groups representing construction, industry, labor, agriculture and business interests – that County’s adoption of the ordinance violated requirements of the Surface Mining and Reclamation Act of 1975 (“SMARA”) and CEQA.
Intuitively, contamination reduces the value of property. But intuition does not count as evidence. The issues of how one proves that one ought to take a discount from a property’s “clean” value for tax, eminent domain, or other valuation purposes, how big that discount ought to be, and how long it ought to last remain
The Fourth District Court of Appeal in Historic Architecture Alliance v. City of Laguna Beach (2023) 96 Cal.App.5th 186, found that the City of Laguna Beach’s (“City”) findings for the use of the Class 31 California Environmental Quality Act (CEQA) exemption to approve the renovation and extension of a historic single-family home (“Project”), and
The US Environmental Protection Agency (EPA) has finalized a new regulation to implement the Clean Water Act (CWA) section 401 water quality certification program. Continuing the recent practice of promulgating regulations and then promptly replacing them, EPA’s “CWA Section 401 Water Quality Certification Improvement Rule”(the 2023 Rule) replaces the “Clean Water Act Section 401 Water Quality Certification Rule” that was finalized in 2020 (the 2020 Rule). The 2023 Rule was published in the Federal Register on September 27, 2023 and will become effective on November 27, 2023. This article provides background on the CWA water quality certification program, followed by a deep dive into the 2023 Rule and how it compares to the 2020 Rule.
From November 9-11, 2023, six Penn State Law students joined Center staff to attend the American Agricultural Law Association’s 2023 Annual Educational Symposium in Charlotte, NC. The AALA Annual Symposium is a national CLE conference attended by hundreds of attorneys from across the United States. At the Symposium, Center staff and students attended a variety
The U.S. Environmental Protection Agency (EPA) has finalized a new regulation to implement the Clean Water Act (CWA) section 401 water quality certification program. Continuing the recent practice of promulgating regulations and then promptly replacing them, EPA’s “CWA Section 401 Water Quality Certification Improvement Rule”(the 2023 Rule) replaces the “Clean Water Act Section 401 Water Quality Certification Rule” that was finalized in 2020 (the 2020 Rule). The 2023 Rule was published in the Federal Register on September 27, 2023 and will become effective on November 27, 2023. This article provides background on the CWA water quality certification program, followed by a deep dive into the 2023 Rule and how it compares to the 2020 Rule.
Pesticides/Herbicides: Circuit Court Rules California’s Glyphosate Warning Requirement Violates First Amendment
On November 7, 2023, the U.S. Court of Appeals for the Ninth Circuit released an opinion holding California’s Proposition 65 carcinogen warning requirement for the herbicide glyphosate violated the First Amendment of the U.S. Constitution. National Association of Wheat Growers v. Bonta, No. 20-16758
