In Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, the Fourth District Court of Appeal considered arguments that a residential development including affordable housing in San Diego (City) was inconsistent with a number of land use plan policies. The Court held that the Density Bonus Law (Gov. Code, § 65915
EPA’s Office of Water recently issued guidance on the Implementation of the Clean Water and Drinking Water State Revolving Loan Fund Provisions of the Bipartisan Infrastructure Law. The memorandum itself is eight pages long and covers a range of issues, including reiterating the inherent flexibility in state revolving fund programs, which allows states to prioritize the use of federal funds based on local water needs. The guidance also encourages agencies to prioritize increasing investment in disadvantaged communities, while using the funding to address emerging contaminants, replace lead lines, and improve the climate resilience of water infrastructure. Additionally, the guidance promotes investment in America’s water workforce — a frequently overlooked priority initiated in the prior administration that is designed to shore up an essential but aging water sector workforce.
EPA has now formally restored its waiver under § 209(b) of the Clean Air Act that allows California’s greenhouse gas emissions standards and Zero Emission Vehicle mandate, notwithstanding the preemption of state vehicle emission standards contained in § 209(a) of the CAA. EPA also restored the authority of other states under § 177 of the
By Brent I. Clark, Benjamin D. Briggs, Patrick D. Joyce, Adam R. Young, A. Scott Hecker, Melissa A. Ortega, and Matthew A. Sloan
Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S.
There is less than a month to go before the UK’s new Calorie Labelling (Out of Home Sector) (England) Regulations 2021 (the “Regulations”) come into force (6 April 2022). The Regulations include obligations for calorie labelling for ‘non-prepacked foods’ in England, which are sold in a form suitable for ‘immediate consumption’. They will require businesses of a certain size (250 or more employees) to provide details of the energy value for meals and other foods served on site to customers in restaurants, cafes, pubs, workplaces and in canteens; for meals and other foods sold for consumption off-site, from shops, delicatessens, sandwich bars and takeaways; and for ‘distance sales’ over the internet or the phone (the ‘out of home’ sector).
In an opinion filed on December 16, 2021, and belatedly ordered published on January 13, 2022, the Fourth District Court of Appeal rejected a CEQA challenge to a small multifamily project in the City of Santa Cruz. Ocean Street Extension Neighborhood Assn. v. City of Santa Cruz (2021) 73 Cal.App.5th 985 (“OSENA”). The case contains valuable guidance regarding mitigation for biological resources impacts, lays out some common sense principles that may help condense the EIR preparation process, and also provides useful guidance to developers and agencies dealing with water supply issues during the current drought.
By Brent I. Clark, Benjamin D. Briggs, Patrick D. Joyce, Adam R. Young, A. Scott Hecker, Melissa A. Ortega, and Matthew A. Sloan
Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S.
An article in the Proceedings of the National Academy of Sciences (login required) has documented the devastating impact caused by the use of leaded gasoline. The study estimates that more than half of Americans alive in 2015 had been subject to unsafe blood lead levels as children. The study further estimates that the impact of
In January, I noted that Ameren Missouri had surrendered in its defense of the NSR enforcement action brought by DOJ with respect to the Rush Island generating facility. Ameren Missouri submitted to the Court a proposal to shut Rush Island early rather than install expensive pollution control equipment.
None of this was really news. What
As current supply chain issues continue to threaten the U.S. photovoltaic solar industry, solar module suppliers, manufacturers, renewable energy developers and utilities alike face great uncertainty surrounding the immediate future of the solar module supply market. The bottom-line is that supply chain issues are increasing shipping and equipment costs for solar cells and panels, however, there are several independent factors that are working together to drive this surge in pricing and constrained market. These factors include the following:
