The recent U.S. Supreme Court decision in Sackett v. EPA significantly narrows the definition of “waters of the United States” (“WOTUS”) as applicable to wetlands and other adjacent bodies of water under the Clean Water Act (“CWA”). By extension, Sackett has broad impacts to wetlands delineation and mitigation requirements for section 404 permits issued by
First District Affirms Judgment Upholding UCSF’s EIR for Long-Range Development Plan Substantially Increasing Parnassus Heights Campus Development Against Numerous CEQA Challenges
In a partially published opinion filed September 20, 2023, the First District Court of Appeal (Div. 3) affirmed the Alameda County Superior Court’s judgments denying writ petitions in three partially consolidated CEQA actions challenging the 2021 project/program EIR for the Comprehensive Parnassus Heights Plan. Yerba Buena Neighborhood Consortium, LLC, et al v. Regents of the University of California/San Franciscans for Balanced and Livable Communities v. Regents of the University of California (2023) 95 Cal.App.5th 779.
Shale Law Weekly Review—Week of October 9, 2023
National Energy Policy: The White House Publishes Directive on the Social Cost of Greenhouse Gases in Guiding Executive Agency Decisions
On September 21, 2023, the White House published a fact sheet directing federal agencies to consider the Social Cost of Greenhouse Gases (SC-GHG) when making budgeting decisions, during procurement processes, and in National Environmental Policy
Back From the Grave? “Once In, Always In” for Hazardous Air Pollutant Emissions
In the Byzantine complexity of the Clean Air Act (CAA), EPA’s “once in, always in” policy regarding hazardous air pollutants (HAP) has been particularly confounding. And now it’s back in play, through regulatory revisions proposed by EPA in late September.
EPA’s proposal would prohibit a source from reducing its potential emissions of HAP
Workplace Violence Prevention Plans Required For California Employers by July 2024
By Ilana Morady, Brian B. Gillis, Clara Rademacher, Patrick D. Joyce, and Bradley Doucette
Seyfarth Synopsis: Senate Bill 553, signed into law by Governor Gavin Newsom, requires nearly all employers in the State of California to prepare a Workplace Violence Prevention Plan, train employees on how to identify and
California Enacts First-of-Their-Kind Laws Requiring Corporate Climate Disclosures
On Oct. 7, 2023, California Governor Gavin Newsom signed into law Senate Bill (SB) 253 and SB 261, both of which dramatically expand corporate climate disclosures for both private and public companies doing business in California. This development comes as the United States Securities and Exchange Commission (SEC) is finalizing new rules that would mandate
Agricultural Law Weekly Review—October 9, 2023
Agricultural Labor: Federal Court Denies Preliminary Injunction of February 2023 H-2A Wage Rule
On September 26, 2023, the U.S. District Court for the Western District of North Carolina issued an order denying a preliminary injunction against the Department of Labor’s (DOL) February 2023 final rule, which amended the H-2A wage rate calculations to include
Green Building may be our Best Hope to Repair the Planet
Reducing greenhouse gas emissions, to the detriment of other environmental impacts, is simply taking one environmental impact too far
SCAQMD Announces Enforcement of Southern California Warehouse Regulation Despite Ongoing Litigation
Regulators are pursuing steep fines in response to widespread alleged noncompliance with an emissions rule still subject to potential reversal by the courts.
By Joshua T. Bledsoe, James Friedland, and Jennifer Garlock
Key Points:
- The enforcement action alleges 1,400 warehouses are noncompliant.
- Noncompliance can result in fines of up to $11,710 per day.
- Litigation challenging this program remains pending, with no quick end in sight.
On September 20, 2023, the South Coast Air Quality Management District (SCAQMD or the District) announced an enforcement initiative for Rule 2305, also known as the Warehouse Indirect Source Rule (ISR), which is part of the Warehouse Actions and Investments to Reduce Emissions (WAIRE) Program. As described in this June 2021 blog post, the WAIRE Program applies to warehouses in the South Coast Air Basin over 100,000 square feet, with a phased implementation based on warehouse size. The ISR imposes a compliance obligation based on the number of truck visits to that warehouse per year, which warehouse operators can meet through emissions-reducing actions, either from the “WAIRE Menu” or through a custom plan approved by the District.
Commerce Final Rule Heightens Uncertainty as to How Treasury Will Interpret “Foreign Entity of Concern” for EV Credits Under Section 30D of the Inflation Reduction Act
On September 22, the Commerce Department published a final rule implementing the national security-related restrictions and obligations on recipients of incentive funds under the CHIPS and Science Act of 2022 (the “CHIPS Act”). The final rule clarifies in some respects, and substantially expands in other respects, the definition of “foreign entity of concern” that appeared in Commerce’s proposed rule, issued in March.
When Commerce issued its proposed rule, the Treasury Department cross-referenced Commerce’s definition of “foreign entity of concern” in Treasury’s concurrently proposed regulations for the CHIPS Act’s tax credit under section 48D of the Internal Revenue Code. We commented at the time that if Treasury were to adopt that same definition for the section 30D electric vehicle (EV) credit under the Inflation Reduction Act (the “IRA”), there could be a significant reduction in the number of vehicles eligible for such credits relative to market expectations. Treasury issued proposed regulations for other aspects of the 30D credit one week after the CHIPS Act guidance, but did not include an interpretation of the term “foreign entity of concern,” and to date has yet to do so (though it has signaled an intent to do so later this year).