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
Update: State Water Board Issues Revised Notice for Board Meeting Regarding Winery General Order
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
Climate Change Lawsuit Reaches the US Supreme Court
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
Chemical Strategy for Sustainability Heralds Most Significant Changes to EU Chemicals Regulation in 15 Years
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 Publishes Midstream Processing Guidance
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
Keeping Eyes on the Ball: Integration of Distributed Energy Resources
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
First District Court of Appeal Finds University of California’s Decision to Increase Enrollment Is Not Exempt from CEQA Review
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
California Classifies Solar Panels as Universal Waste
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.
The EU’s 2021 Work Programme Features Green and Sustainable Initiatives
Making Europe greener, fairer, and more sustainable is at the heart of the European Commission’s new work programme.
By Paul Davies, David Little, Michael D. Green, and Pierre Bichet
On 19 October 2020, the European Commission (Commission) published its Work Programme (Programme) for 2021. The Programme — “A Union of vitality in
Keeping the “Golden Door” Cracked Open: California Supreme Court Extends Period to Consider Review of CEQA Administrative Record Case
On October 23, 2020, the California Supreme Court issued an order extending until December 7, 2020, or the date upon which review is either granted or denied, the time for granting or denying review in Golden Door Properties, LLC, et. al. v. Superior Court (County of San Diego et. al., Real Parties in Interest) (4th Dist. 2020)