Lawsuit Claims Maryland Largest County’s Gas Ban Violates Federal Energy Law
Business and Labor Groups Sue to Block Montgomery County’s Gas Appliance Ban
California Targets New and Expanded Logistics Facilities
Assembly Bill 98 imposes stringent design requirements applicable to new and expanded warehouse development as soon as January 1, 2026.
By Marc Campopiano, Joshua Bledsoe, Brian McCall, and John Detrich
On September 29, 2024, Governor Gavin Newsom signed Assembly Bill 98 (AB 98) into law, marking a significant shift in the regulatory
Mexico Issues Provisions to Integrate Electric Energy Storage System into National Power Grid
On May 6, 2024, Mexico’s Energy Regulation Commission (CRE) published on the National Commission for Regulatory Improvement (CONAMER) website the preliminary draft of the agreement issuing the General Administrative Provisions for the Integration of Electric Energy Storage Systems into the National Electric System (DACG).
Ninth Circuit Squashes RICO Lawsuit Seeking Federal Remedy For Abusive and Extortionate CEQA Litigation
Litigation abuse is all too familiar to those engaged in the herculean task of getting new development approved in California. See, for instance, Jennifer Hernandez’s 2022 report for the Center for Jobs & the Economy, titled “Anti-Housing CEQA Lawsuits Filed in 2020 Challenge Nearly 50% of California’s 100,000 Annual Housing Production” and blogged on here
DOE Announces up to $1.8 Billion in Funding in Next Phase of Regional Direct Air Capture Program
On October 10, the U.S. Department of Energy’s Office of Clean Energy Demonstrations (OCED) hosted a webinar providing an overview of the recently issued Notice of Intent (NOI) to award up to $1.8 billion in funding for new mid- and large-scale commercial direct air capture (DAC) facilities. The NOI represents the start of the next
California Proposes Significant Changes to Product Packaging Regulations
What Happened
On Monday, October 14, 2024, the California Department of Resources Recycling and Recovery (CalRecycle) opened a public comment period on changes to the previously proposed regulations implementing the Plastic Pollution Prevention and Packaging Producer Responsibility Act (Act). The 15-day written comment period runs through Tuesday, October 29, 2024.
The Act establishes California’s extended
California Law Highlights the Need to Prepare for Climate Disclosures
The march toward mandated corporate disclosures for climate-related risks continues. Despite significant pushback and substantial legal challenges, state legislatures and regulators are continuing to advance laws and rules that will require disclosures of both greenhouse gas (GHG) emissions and climate risks.
California Senate Bill (SB) 219, signed into law on September 27, 2024, by
Third Time’s the Charm: Third District Crowns State the Winner By Legislative Decree In Third Published CEQA Decision Arising From Capitol Renovation Project
“Do not go gentle into that good night. Rage, rage against the dying of the light.”
– Dylan Thomas
In a published decision filed October 7, 2024, the Third District Court of Appeal affirmed the trial court’s judgment rejecting a CEQA challenge to the revised EIR for the State Capitol renovation project based on recent
Greenwashing Warning: Coca-Cola’s Aspirational Environmental Claims Challenged in Court
Federal Court Reinstates Greenwashing Case Over Aspirational Statements
Alleged CEQA Abuse not Actionable under RICO Says Ninth Circuit
In Relevant Grp., LLC v. Nourmand (9th Cir. Sep. 5, 2024, No. 23-55574) 2024 U.S. App. LEXIS 22559, the Ninth Circuit Court of Appeals narrowed the applicability of Racketeer Influenced and Corrupt Organizations Act (“RICO”) in addressing abuse of CEQA by business competitors. Despite recognizing that the facts suggested the CEQA suits had been brought