On October 21, 2025, the California Chamber of Commerce (the “Chamber”) announced it had filed a voter initiative to modernize and streamline the review process for building the state’s most essential infrastructure projects. On November 25, 2025, the Chamber filed amendments to clarify and add further substance to the provisions of that proposed initiative measure, which is entitled the “Building an Affordable California Act” (“BACA”). BACA would make numerous significant changes to the permitting and CEQA review processes for “Essential Projects,” which are defined therein as specific types of housing, water, clean energy, public health, education, broadband internet access, and transportation projects. In broad strokes, BACA would make five categories of changes to the various review processes for Essential Projects.
Shale Law Weekly Review—Week of December 15, 2025
Methane Emissions: EPA Extends Deadline for Compliance with Methane Emissions Limits
On December 3, 2025, the Environmental Protection Agency (EPA) published a final rule, titled “Oil and Natural Gas Sector Climate Review: Extension of Deadlines in Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources,” which extends the time
Federal Agencies Move to Return the Endangered Species Act to 2019 Interpretation
Proposed rules would reverse Biden-era regulations under the ESA and return to the regulatory framework implemented during the first Trump administration.
By Nikki Buffa, Jennifer K. Roy, and Janice M. Schneider
Key Points:
- The proposed rules would revise definitions and analysis standards for interagency consultations, move toward species-specific rather than blanket protections, and
The Price of CEQA Judicial Streamlining Benefits Is Going Up: Governor’s Office of Land Use and Climate Innovation Extends Public Comment Period On Proposal to Raise Application Fee for SB 7 (Leadership) and SB 149 (Infrastructure) Project Certifications to $100,000
The Governor’s Office of Land Use and Climate Innovation (“LCI”) has announced it is extending the public comment period through December 31, 2025, for a proposed rulemaking to increase the application fee for projects (excluding exempt housing projects) applying for judicial streamlining benefits under CEQA from $39,000 to $100,000. Pursuant to LCI’s initial October 17, 2025 notice of the rulemaking, the public comment period would have closed on December 1, 2025. LCI will not hold a public hearing on the proposed rulemaking unless an interested person requests the same at least 15 days prior to the close of the public comment period.
Court Knocks the Wind out of Trump Administration’s Offshore Ban
On December 8, 2025, a Massachusetts federal court ruled that the Trump administration’s ban on permit application review for offshore and onshore wind projects was illegal. While the ruling will not necessarily result in the issuance of new permits, it lifts the moratorium on review and processing of applications. In May 2025, a coalition of 17
Spin Doctor: Court Strikes Down Wind Permitting Freeze As Illegal
On Monday, the U.S. District Court for the District of Massachusetts struck down the freeze on federal permits for wind energy projects — a central component of the Wind Presidential Memorandum (the Wind Order) issued on the first day of the current administration. Judge Patti Saris’s opinion held that the Wind Order is arbitrary and capricious and contrary to law under the Administrative Procedure Act (APA), and directed that it be vacated in full — meaning the ruling applies nationally. The decision was previewed in the court’s preliminary order in July indicating that the Wind Order was on shaky legal ground, citing a lack of administrative record to support the Wind Order and precedent from cases involving analogous moratoriums for offshore oil and gas. Despite the major win for wind, though, there is still significant uncertainty regarding how this administration will respond to the ruling and how it will affect wind energy permitting going forward.
California Climate Disclosure Laws: CARB Draft Regulations Clarify Fees, Deadlines, and Applicability
California regulators tasked with implementing and enforcing the state’s two landmark climate disclosure laws released draft regulatory text on December 9, 2025, providing additional insight on key issues, including initial deadlines for reporting greenhouse gas (“GHG”) emissions and details on how regulators will determine annual fees. The release of the draft regulations is the latest
EU Omnibus Update
Yesterday, 10 December 2025, the Council’s presidency and European Parliament’s negotiators reached a provisional agreement to simplify the EU’s sustainability reporting and due diligence requirements. The provisional agreement must be now endorsed by the Council and the European Parliament, before it is formally adopted by the two institutions. However, further changes are unlikely and the
The European Commission’s New Green Claims Guidance: What Businesses Need to Know
The European Commission has published a detailed Q&A guidance document (the “Guidance”) on the interpretation and application of the Greenwashing Directive’s environmental claims and circular economy rules, which EU Member States will have to enforce from September 27, 2026.
The Greenwashing Directive updates the EU’s consumer protection rules to tackle greenwashing and promote products that are
DEC Finalizes Mandatory Greenhouse Gas Reporting Program Regulations
On December 1, 2025, the Department of Environmental Conservation (DEC) announced that it finalized regulations establishing a Mandatory Greenhouse Gas Reporting Program.