The novel regulation aims to reduce GHG emissions from ride-sharing vehicles in California.
By Joshua T. Bledsoe and Jen Garlock
The California Air Resources Board (CARB) is developing the Clean Miles Standard, a regulation to reduce greenhouse gas (GHG) emissions from ride-sharing vehicles and encourage broader adoption of zero-emission vehicles (ZEV), pursuant to Senate Bill
Two recent Appellate Division decisions addressed segmentation claims and concluded that there cannot be segmentation unless there is a plan. Under SEQRA (the State Environmental Quality Review Act), it is illegal to take a project that may have significant impacts and break it in to smaller parts (segments) for environmental review purposes, each of which
One of the key “non-scope considerations” commonly investigated during environmental due diligence for commercial property transfers is assessment of any lead impacts from lead-based paint (LBP) and lead dust. Although the use of LBP was banned in 1978, many structures constructed before that date retain LBP on surfaces. As that LBP deteriorates over time, it creates lead dust that can create hazardous exposure risks.
US EPA has addressed lead under a variety of federal laws including the Toxic Substances Control Act (TSCA), the Residential Lead-Based Paint Hazard Reduction Act of 1992, Clean Air Act, Clean Water Act, and others. These laws, and various rules promulgated thereunder, work together to comprehensively address lead hazards, including establishing safe work practices during renovations, training and certification for abatement contractors, and disclosure of LBP during sale or lease of residential properties. In particular, Section 402 and 403 of TSCA establish hazard standards and clearance levels for lead in paint, dust and soil, which are carried through to US EPA’s lead-based paint activity regulations.
On October 27, 2020, the US Court of Appeals for the Ninth Circuit heard oral argument in an appeal of US EPA’s July 9, 2019 final rule addressing the Agency’s review of the current dust-lead hazard standards (DLHS) and the definition of LBP.
In July, we blogged about the State Water Resources Control Board’s (“State Water Board’) release of proposed General Waste Discharge Requirements for Winery Process Water Treatment Systems (see: July 15, 2020 blog post on proposed General Order and July 20, 2020 blog post on noticed stakeholder meetings). The State Water Board recently issued a revised
The US Supreme Court recently granted certiorari in an important climate change lawsuit, BP P.L.C. v. Mayor and City Council of Baltimore. The lawsuit pits the Mayor and City of Baltimore against twenty-six multinational oil and gas companies that Baltimore claims are responsible for climate change. Baltimore alleges that the companies contributed to climate change by producing, promoting, and (misleadingly) marketing fossil fuel products long after learning of the climate-related dangers associated with them. Specifically, Baltimore argues that the companies engaged in a “coordinated, multi-front effort” to conceal their collective knowledge of climate change. Also that the companies discredited the “growing body of publicly available scientific evidence,” and worked to “undermine public support for regulations of their business practices.” Baltimore seeks relief for “climate change-related injuries.”
In publishing the Chemical Strategy for Sustainability (CSS), the European Commission has announced the Most Significant Changes to EU Chemicals Regulation in 15 Years. The Commission stated that the CSS is the first step towards a zero pollution ambition for a toxic-free environment. While the CSS fully recognises the fundamental role of chemicals for human
PHMSA has finally published guidance to better delineate federal oversight of midstream processing facilities for public comment. The guidance, in the form of Frequently Asked Questions (FAQs), is intended to avoid gaps or overlaps in regulatory oversight of midstream facilities, particularly between PHMSA and OSHA. Comments are due by January 4, 2021. An example of the success of working groups where industry and agencies partner to provide additional regulatory clarity, the FAQs should — if finalized after notice and comment — provide more certainty to both regulated midstream processing operators and state and federal agencies.
California residents experienced rolling blackouts – the first in two decades – in August this year, amidst the pandemic and triple-digit heatwave. Microgrids, rooftop solar, distributed generation, behind-the-meter batteries, and Demand Response – each, an example of distributed energy resource (DER) – are some of the ways that an energy consumer can be shielded from
In Save Berkeley’s Neighborhoods v. Regents of the University of California (2020) 51 Cal. App. 5th 226, the First District Court of Appeal overruled a demurrer rejecting community members’ allegations that the University of California at Berkeley (UC Berkeley) violated CEQA by failing to analyze enrollment increases beyond the development envelope considered in the campus Long Range Development Plan (LRDP).
The California Department of Toxic Substances Control (DTSC) recently finalized long-awaited revisions to its hazardous waste regulations that will allow PV solar panels to be managed as “universal waste” beginning on January 1, 2021. This reclassification will have significant implications on how spent PV solar panels are managed in the state.