By Brent I. Clark, Benjamin D. Briggs, Patrick D. Joyce, Adam R. Young, A. Scott Hecker, Melissa A. Ortega, and Matthew A. Sloan
Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S.
Approval with Density Bonus Concession Upheld for Residential Tower Adjacent to Balboa Park; Housing Accountability Act Renders Subjective Development Standards Inapplicable
In Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, the Fourth District Court of Appeal considered arguments that a residential development including affordable housing in San Diego (City) was inconsistent with a number of land use plan policies. The Court held that the Density Bonus Law (Gov. Code, § 65915 et
EPA Issues Guidance for Use of Infrastructure Dollars
EPA’s Office of Water recently issued guidance on the Implementation of the Clean Water and Drinking Water State Revolving Loan Fund Provisions of the Bipartisan Infrastructure Law. The memorandum itself is eight pages long and covers a range of issues, including reiterating the inherent flexibility in state revolving fund programs, which allows states to
EPA Restores the California Advanced Clean Car Program; GHG Emissions From Transportation Will Continue For Some Time
EPA has now formally restored its waiver under § 209(b) of the Clean Air Act that allows California’s greenhouse gas emissions standards and Zero Emission Vehicle mandate, notwithstanding the preemption of state vehicle emission standards contained in § 209(a) of the CAA. EPA also restored the authority of other states under § 177 of the
Report From Day 2 of the 2022 ABA OSHA/MSHA Law Conference
By Brent I. Clark, Benjamin D. Briggs, Patrick D. Joyce, Adam R. Young, A. Scott Hecker, Melissa A. Ortega, and Matthew A. Sloan
Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S. Department
UK Calorie Labelling for Food and Drink in Restaurants, Takeaways, Deli Counters and Other ‘Out of Home’
There is less than a month to go before the UK’s new Calorie Labelling (Out of Home Sector) (England) Regulations 2021 (the “Regulations”) come into force (6 April 2022). The Regulations include obligations for calorie labelling for ‘non-prepacked foods’ in England, which are sold in a form suitable for ‘immediate consumption’. They will require businesses
Fourth District Rejects CEQA And Municipal Code Challenges To City Of Santa Cruz’s Project Approvals And EIR For Small Multifamily Housing Project
In an opinion filed on December 16, 2021, and belatedly ordered published on January 13, 2022, the Fourth District Court of Appeal rejected a CEQA challenge to a small multifamily project in the City of Santa Cruz. Ocean Street Extension Neighborhood Assn. v. City of Santa Cruz (2021) 73 Cal.App.5th 985 (“OSENA”). The case contains valuable
Report From Day 1 of The 2022 ABA OSHA/MSHA Law Conference
By Brent I. Clark, Benjamin D. Briggs, Patrick D. Joyce, Adam R. Young, A. Scott Hecker, Melissa A. Ortega, and Matthew A. Sloan
Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in Sarasota, Florida. The meeting includes representatives from the U.S. Department
The Impact of Exposure to Leaded Gasoline Was Horrific: Will We Say the Same in 2050 About the Impact of PM2.5 Exposure?
An article in the Proceedings of the National Academy of Sciences (login required) has documented the devastating impact caused by the use of leaded gasoline. The study estimates that more than half of Americans alive in 2015 had been subject to unsafe blood lead levels as children. The study further estimates that the impact of
DOJ Gets Off Its Moral High Horse: Ameren Missouri Will Close Early
In January, I noted that Ameren Missouri had surrendered in its defense of the NSR enforcement action brought by DOJ with respect to the Rush Island generating facility. Ameren Missouri submitted to the Court a proposal to shut Rush Island early rather than install expensive pollution control equipment. 
None of this was really news. What