Last December, the European Commission published its legislative Package on Hydrogen and Decarbonized Markets (“Package”), which proposes new rules aiming to develop a hydrogen market in the EU. The new rules bring much awaited legal clarity to the concepts and role of blue and green hydrogen within the EU’s energy regulatory framework for the climate transition.

In effect, the Commission’s legislative Package is intended to promote the use of blue hydrogen until at least 2030 provided that it achieves the same decarbonization as green hydrogen (i.e., 70% GHG reduction).  However, the European Parliament and Council may amend both the proposed definition and conditions of blue hydrogen and the proposed regulative incentives during their consideration of the Package and its adoption through the legislative procedure that will now follow.  Moreover, the European Commission will be empowered to develop much of the methodologies implementing the definitions of blue and green hydrogen.  Companies intending to engage in blue and green hydrogen operations in the EU/EEA would be well advised to closely follow these developments.

The 8th Circuit affirmed the district court decision holding that “the challenged city ordinance was supported by a rational basis. Danker v. City of Council Bluffs, Iowa, 53 F. 4th 420 (8th Cir. 2022).

Plaintiff dog owners had appealed the district court’s decision, granting the City Motion for summary judgment “concluding that

In Save Civita Because Sudberry Won’t v. City of San Diego (Dec. 16, 2021, D077591) ___Cal.App.5th___ [2021 Cal.App. LEXIS 1055], the Fourth District Court of Appeal addressed CEQA and Constitutional claims related to a proposed roadway in the City of San Diego (City). In the published portion of the opinion, the Court held that

In a lengthy, but mostly unpublished, opinion filed December 16, 2021, the Fourth District Court of Appeal affirmed the trial court’s judgment rejecting a petitioner group’s CEQA, Planning and Zoning Law, and procedural due process/fair hearing challenges to the City of San Diego’s approval of a four-lane road connecting existing developments.  Save Civita Because Sudberry Won’t v. City of San Diego (2021) 72 Cal.App.5th 957.  In the opinion’s published portions, the Court held that (1) the City did not violate CEQA Guidelines § 15088.5(g) in failing to summarize revisions made to a recirculated draft EIR, and (2) petitioner’s procedural due process claim was foreclosed because the City Council acted in a quasi-legislative capacity in certifying the FEIR and approving the road project.  (In the opinion’s unpublished portions, which won’t be discussed in detail here, the Court also upheld the trial court’s rejection of Petitioner’s claims that the FEIR:  failed to analyze a project alternative of removing the road from a community plan; failed to adequately analyze traffic impacts and hazards; failed to disclose the VMT calculation’s margin of error; and failed to discuss impacts on General Plan consistency and pedestrian-friendly communities.)

Our Environmental, Safety & Health team is pleased to share with you the latest edition of our monthly newsletter, frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure; providing bite-size updates on EU and UK law, procedure and policy.
The updates covered in this month’s edition include (among others):

By: Adam Young, Matthew A. Sloan, and Ilana R. Morady

Seyfarth Synopsis: The CDC’s shorter isolation and quarantine requirements will allow employers to get many COVID-19 positive employees and exposed, unvaccinated employees back to work 5 days sooner.   

On December 28, 2021, the CDC shortened the recommended isolation period for all persons