On July 17, 2017 the California legislature approved an extension of the state’s greenhouse gas cap-and-trade program from 2020 to 2030. Cap-and-trade is a key program in the state’s efforts to meets its 2030 greenhouse gas reduction goals of 40% below 1990 levels covering emissions from industrial facilities and electricity and natural gas suppliers.
Governor
In recent weeks, California appellate courts issued two decisions regarding California Air Resources Board (CARB) programs implemented under AB32, the Global Warming Solutions Act, with mixed results. The first decision upheld the legality of a key element of CARB’s cap-and-trade program, the auction of emission credits. In that case, the Third Appellate District rejected an
The Fourth District Court of Appeal recently issued its opinion in Save Our Heritage Organisation v. City of San Diego (2017) 11 Cal.App.5th 154, the latest round of litigation over the site development plan for a revitalization project in San Diego’s Balboa Park, finding that, under some circumstances, a project proponent may recover attorneys’ fees
In Presidio Historical Association v. Presidio Trust, 2016 U.S. App. LEXIS 1287, the Ninth Circuit affirmed the district court’s grant of summary judgement in favor of the Presidio Trust and rejected challenges to a planned “lodge” adjacent to the Presidio’s Main Parade Ground.
The Presidio is managed by the Presidio Trust (“Trust”), a federal government
The Federal Emergency Management Agency (FEMA) has announced the first four listening sessions for the newly proposed draft guidance to implement the Federal Flood Risk Management Standard (FFRMS) arising out of President Obama’s recent amendment of Executive Order 11988. As we noted in previous blog entries, the President has amended the Carter-era Executive Order that
California flood control agencies learned in January that the state’s Department of Water Resources (DWR) is making available $150 million for projects aimed at reducing flood risks to urban areas. The Urban Flood Risk Reduction grant money, which represents a portion of the $5 billion approved by voters in 2006, will be distributed through a
Eight Republican Senators have issued a letter to President Obama questioning the legality of the President’s newly issued Executive Order (EO) amending Executive Order 11988 issued by President Carter in 1997. The letter was signed by Senators Cochran (Mississippi), Vitter (Louisiana), Cornyn (Texas), Isakson (Georgia), Wicker (Mississippi), Blunt (Missouri), Boozeman (Arkansas), and Cassidy (Louisiana) on
President Obama recently issued an Executive Order “Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input.” The Order sets forth President Obama’s administration’s floodplain management policy and significantly amends Executive Order 11988 issued by President Carter. Downey Brand has created a redline for your reference.
When it comes to federal legislative actions that impact flood control, the passage of water infrastructure legislation was undoubtedly the most significant action in 2014. After months of difficult negotiations in Congress, the House and Senate passed the Water Resources Reform and Development Act (WRRDA) and the President signed the bill into law in late
The U.S. Army Corps of Engineers (USACE) issued what can only be described as the mother of all Requests for Proposal (RFP). Under section 7001 of the Water Resources Reform and Development Act of 2014 the USACE is to seek proposals for feasibility studies for, or modifications to existing Federal water resources development projects. USACE