Methane Emissions: Congress Votes to Eliminate November 2024 Waste Emissions Rule
On March 4, 2025, Congress presented to the President H.J.Res.35, which is a joint resolution which would eliminate the rule, “Waste Emissions Charge for Petroleum and Natural Gas Systems: Procedures for Facilitating Compliance, Including Netting and Exemptions” (89 FR 91094). This
30(b)(6) Depositions: The More You Know
Deposing Corporate Representatives? You Might Get More Time Than You Think
In complex litigation, the strategic use of discovery tools is not just beneficial – it’s imperative. Every litigator knows that a well-executed deposition can be a game-changer by uncovering key admissions, streamlining discovery, and exposing weaknesses in an organization defendant’s case.
Among the various
President Trump Issues Executive Order Promoting Domestic Mineral Production
On March 20, 2025, President Trump signed an executive order to boost U.S. mining and processing of critical minerals. It directs federal agencies to prioritize and fast-track permits for such projects, invoking the Defense Production Act and other measures to enhance domestic mineral production.
California Sets Stage to Improve Hazardous Waste Management
In what should be welcome news to industry and others who generate hazardous waste in California (including contaminated soil), the California Environmental Protection Agency (CalEPA), through the Department of Toxic Substances Control (DTSC), released a Draft Hazardous Waste Management Plan: A Modern Approach to a Circular Economy (Plan) on March 15. As provided in the Plan, DTSC proposes to potentially simplify the characterization of hazardous waste, provide for alternative management standards for certain hazardous wastes, and adopt certain existing U.S. EPA recycling exemptions and exclusions.
Southern California Fire Cleanup Considerations for Landowners
Affected landowners may be able to avail themselves of certain protections under state and federal environmental laws.
By Aron Potash and Cody M. Kermanian
In the aftermath of the wildfires in the Los Angeles area in January 2025, a cleanup effort is underway to facilitate the safe return of residents to their homes in Altadena
Supreme Court Waves Goodbye to Clean Water Act End-Result Requirements
The landmark decision alters the NPDES permit landscape, shifting the focus to specific actions over general outcomes.
By Michael G. Romey, Benjamin D. Gibson, Lucas I. Quass, Phil Goldberg, and Cody M. Kermanian
On March 4, 2025, the US Supreme Court issued its decision in City and County of San Francisco
First District Voids Clearlake Hotel Project MND for City’s Failure to Conduct Adequate CEQA AB 52 Tribal Cultural Resources Consultation
In a published opinion filed March 14, 2025, the First District Court of Appeal (Div. 2) reversed the trial court’s judgment upholding a Mitigated Negative Declaration (MND) for a four-story, 75-room hotel/meeting hall/parking lot project on a 2.8-acre parcel in the City of Clearlake (“City”), due to the City’s failure to lawfully conduct a tribal cultural resources consultation with plaintiff and appellant Koi Nation of Northern California as required by AB 52. Koi Nation of Northern California v. City of Clearlake (2025) 109 Cal.App.5th 815.
Agricultural Law Weekly Review—March 18, 2025
Regulatory Policy: Ninth Circuit Upholds Preliminary Injunction Ordering Reinstatement of USDA, Federal Employees
On March 17, 2025, the U.S. Court of Appeals for the Ninth Circuit issued an order denying an administrative stay and upholding the district court’s preliminary injunction, which ordered the reinstatement of probationary employees at several federal agencies, including the U.S.
CEQA Identified By Assembly Select Committee Report As Among Obstacles To Permitting Reform Needed To Meet State’s Housing and Climate Goals
The “California Assembly Select Committee on Permitting Reform Final Report – March 2025” (the “Report”), published earlier this month, sounds an alarm bell regarding the need to overhaul the state’s “failed approach to permitting” if it is to have any hope of addressing its interconnected housing and climate crises. Citing a housing shortage of 2.5 million units, 200,000 homeless persons, unaffordable rents, and increasing temperatures, droughts, flooding, and wildfires, the 35-page Report observes that “California will need to facilitate new construction [of housing, clean energy generation, storage and transmission infrastructure, and climate resiliency projects] at an unprecedented scale” – something achievable “only if governments consistently issue permits in a manner that is timely, transparent, consistent, and outcomes-oriented[.]”
French Ban on PFAS
Targeted by environmental associations and NGO in France for several years, perfluoroalkyl and polyfluoroalkyl substances (PFAS) have reached a decisive turning point. Used in various industrial sectors since the 1940s for their non-stick, waterproof, and heat-resistant properties, these chemicals have been the focus of intense political debate in France due to their toxicity and persistence