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Seven Months into the Trump Administration, Outlook of Controversial Obama-Era Ozone Standard Remains Hazy

by Chris Colyer The status of a controversial rule establishing more stringent ambient air quality standards for ozone—promulgated by former President Barack Obama’s Environmental Protection Agency (EPA)—remains unclear following a series of developments under the current Trump Administration and the 115th United States Congress. Section 108 of the Clean Air Act requires EPA to identify, […]

| 4 min read | Tagged: , , , ,
CC

How to avoid CEQA environmental review by ballot initiative

by Sean M. Sherlock The World Logistics Center is a massive project – 41 million square feet of logistics facilities located on 2,300 acres in Moreno Valley, California. The project has undergone environmental review for years, culminating in an Environmental Impact Report (“EIR”) that was approved by the Moreno Valley City Council on August 19, […]

California Water Law Update

By Katherine A. McKitterick and Sean M. Sherlock To address the worsening drought, on April 1, 2015, Governor Brown issued Executive Order B-29-15 (“Executive Order”), mandating a 25% reduction in potable urban water consumption. In response, the State Water Resources Control Board has passed emergency regulations that will directly affect water districts and users. And […]

Project Built at Variance With EIR Subject to Late CEQA Lawsuit

By:  Sean M. Sherlock Ordinarily the threat of a lawsuit under the California Environmental Quality Act (“CEQA”) passes once the statute of limitation expires – in most cases 30 days after the filing of a Notice of Determination.  But a recent Court of Appeal decision illustrates how a project may remain subject to CEQA litigation […]

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Legislature Expands CEQA to Require Tribal Consultation

By Sean M. Sherlock and Brian Daluiso On September 25, 2014, Governor Edmund G. Brown, Jr., signed Assembly Bill No. 52 (“AB 52”) into law. The new law expands the California Environmental Quality Act (“CEQA”) to provide that any public or private “project with an effect that may cause a substantial adverse change in the […]

| 5 min read | Tagged: , , ,
BD
Former Associate

New EPA Standard Provides Guidance for Phase I Investigations

In a recent rulemaking, the Environmental Protection Agency (EPA) amended its “All Appropriate Inquiries Rule” (set forth in 40 CFR Part 312) to reference in the rule ASTM Standard E1527-13. ASTM Standard E1527-13 is the recently updated version of the industry standard that is commonly used to conduct Phase I environmental investigations that are undertaken […]

| 1 min read | Tagged: , , ,
RM
Former Partner

California Scores Another Cap-and-Trade Victory

[Originaly published as a Snell & Wilmer Legal Alert, February 15, 2013] The California Air Resources Board (CARB) scored another victory in its ongoing effort to reduce greenhouse gas (GHG) emissions in the state to 1990 levels under the mandate of AB 32 (the “Global Warming Solutions Act of 2006”). In a decision by San Francisco […]

| 6 min read
RM
Former Partner