As we enter 2024, we once again review the most significant legislation, policy changes and regulatory actions with respect to climate change taken by California in the past year. In contrast to 2022, which brought a revamp of California’s timeline to complete its transition to zero-emission energy sources and the finalization of a $54 billion
On January 17, 2024, the European Parliament formally endorsed its provisional agreement with the Council on the Directive Empowering Consumers for the Green Transition through Better Protection against Unfair Practices and Better Information (“Greenwashing Directive”). The Council is now expected to endorse the provisional agreement after which the Directive will be published in the EU
Fishermen in the small town of Cape May, New Jersey, are at the epicenter of a legal challenge that could reshape the landscape of agency authority. The fishermen are challenging the entrenched “Chevron” doctrine, which for years has afforded deference to government agencies with respect to reasonable interpretation of ambiguous statutes. Once again, the US
By Adam R. Young, Mark A. Lies, II, A. Scott Hecker, Patrick D. Joyce, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: While the Solicitors at the Department of Labor (DOL) only litigate civil OSHA citations, DOL has announced enhanced coordination with criminal law enforcement for employers’ representatives in fatality
Ensuring a future that is inclusive, net zero, and nature positive
In my discussion yesterday of the shortcomings of the Climate Superfund Act, I actually ignored arguably its biggest flaw. 
While the Act certainly looks much like a tax, I failed to point out that the Act omits what is typically the biggest selling point of a carbon tax – its impact on prices and consumption
Methane Emissions: EPA Proposes New Rule Aimed at Methane Reductions in Oil and Gas Industry
On Friday, January 12, 2024, the Environmental Protection Agency (EPA) Press Office released a statement regarding a newly proposed EPA rule aimed at reducing “wasteful methane emissions from the oil and gas sector.” The purported purpose of these methane emission
As I’ve noted many times, criticizing CERCLA is like shooting fish in a barrel. 
Apparently, however, my criticism is not universally shared. According to WBUR, some legislators around the country are so pleased with how well CERCLA works that they have proposed a “Climate Superfund Act,” replicating CERCLA in order to fund climate
In a published opinion filed on January 17, 2024, the Second District Court of Appeal (Div. 5) reversed a trial court judgment overturning a mitigated negative declaration (MND) and requiring an EIR for a 42-single family home project; instead, the Court of Appeal held the petitioners’ action should have been dismissed as time-barred and that
In Snowball West Investments L.P. v. City of Los Angeles (2023) 96 Cal.App.5th 1054, the Second District Court of Appeal addressed the “rezoning exemption” of the Housing Accountability Act (HAA), finding that a housing project was required to comply with a zoning density limit even though the applicable general plan allowed for higher residential density