Infrastructure: DOE Finalizes Rule Banning the Use of Fossil Fuels in Federal Buildings
On May 1, 2024, the U.S. Department of Energy (DOE) Federal Energy Management Program published in the Federal Register a final rule titled “Clean Energy for New Federal Buildings and Major Renovations of Federal Buildings” (89 FR 35384). This rule seeks to
Climate Justice Denied: Ninth Circuit Dismisses Juliana v. United States
Court Finds Climate Change is Not Justiciable
Recent Judicial Developments in CEQA Exemptions and Streamlining
Miller Starr Regalia’s developer clients are always keenly interested in efficient and defensible CEQA compliance, which entails effective utilization of legislative and regulatory exemptions and streamlining options where the same are available for particular projects. My partner, Carolyn Nelson Rowan, the incoming Editor-in-Chief of the Miller & Starr California Real Estate 4th treatise, and I
Louisiana Supreme Court Holds Claims for Indemnity Allowed Prior To Liability Adjudication
The Louisiana Supreme Court ruled today in Daniel Bennett v. Demco Energy Services, et al., 2023-CC-01358 (La. 5/10/24), 2024 WL ***, a claim for defense and indemnity under a Master Services Agreement filed before a judicial finding of liability or loss is not premature. The Court explained “[w]e hold that a claim for indemnity raised
Further Clarity to the Electric Vehicle Industry and Consumers Is Here, But It Is Not Done
An additional piece of the section 30D puzzle arrived last Friday when the Department of the Treasury (Treasury) and Department of Energy (DOE) released final rules (Treasury Rule and DOE Rule). Largely tracking the proposed regulations, which we described in our prior blog posts (here and here), but with notable changes,
Smith v Fonterra: A Climate Change Litigation Development
The Supreme Court of New Zealand recently overturned strike-out decisions to allow climate change claims (involving a new climate tort) to proceed to trial.
Agricultural Law Weekly Review—May 10, 2024
Agricultural Labor: Department of Labor Publishes H-2A Final Rule
On April 29, 2024, the U.S. Department of Labor (DOL) Employment and Training Administration (ETA) published in the Federal Register a final rule (89 FR 33898) titled “Improving Protections for Workers in Temporary Agricultural Employment in the United States.” Also announced by
Delays in Renewable Energy Siting in New York: A Closer Look at State Audit Findings
On April 24, 2024, New York State Comptroller Thomas DiNapoli released an audit report on the Office of Renewable Energy Siting (ORES), which was established under the Climate Leadership and Community Protection Act (CLCPA) to accelerate the siting of large-scale renewable energy projects. The key finding of the report, that the siting process from
Shale Law Weekly Review—Week of May 6, 2024
International Development: European Parliament Approves the Net-Zero Industry Act 
On Thursday, April 25, 2024, the members of the European Parliament voted to approve the Net-Zero Industry Act, which will create “a framework of measures for strengthening Europe’s net-zero technology products manufacturing ecosystem.” The proposal was adopted with “361 votes to 121, with 45 abstentions,”
CEQ Final NEPA Regulations and Department of Energy Actions Aim to Responsibly Accelerate Clean Energy, Transmission, and Other Infrastructure Development
On May 1, 2024, the White House Council on Environmental Quality (“CEQ”) published its final “Phase 2” National Environmental Policy Act (“NEPA”) regulations, formally called the Bipartisan Permitting Reform Implementation Rule (“Final Rule”). Publication of the Final Rule completes a multi-year effort by the Biden Administration that included publication of final, narrower “Phase