On December 13, the Office of Administrative Law approved and transmitted to the Secretary of State the regulations for the California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms (Cal. Code Regs., tit 17, §§ 95800 et seq.), (“Cap and Trade Regulations”) including Compliance Offset Protocols (“Offset Protocol”). One day later, OAL approved and filed with the Secretary of State revisions to Mandatory Reporting Requirements initially enacted in 2007 (“MRR”). The Cap and Trade Regulations, Compliance Offset Protocol, and MMR are central to implementing California’s Global Warming Solutions Act (AB 32, Health & Saf. Code, § 38500 et seq.) and will take effect on January 1, 2012.
Continue Reading Cap and Trade Regulations Approved and Transmitted; Preliminary List of Covered Entities Now Available
Air Quality
2011 CEQA MID-YEAR UPDATE
Abbott & Kindermann, LLP’s Mid-Year CEQA Update reviews the seven cases issued to date.
Continue Reading 2011 CEQA MID-YEAR UPDATE
AB 32 Scoping Plan Enjoined
San Francisco Superior Court enjoined the implementation of the Air Resources Board’s Climate Change Scoping Plan, finding the alternatives analysis and public review process violated both CEQA and the Air Resources Board’s certified regulatory program.
Continue Reading AB 32 Scoping Plan Enjoined
REMINDER! Save the Date!
Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update
Reserve your seat for one of three seminars taking place in 2011.
In January and February 2011 Abbott & Kindermann, LLP will present its annual complimentary educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, real estate acquisition, easements, leasing and property acquisition, and mining.
Continue Reading REMINDER! Save the Date!
Cap and Trade Update
California Air Resources Board is Expected to Adopt the California Cap and Trade Program at today’s hearing.
Continue Reading Cap and Trade Update
Save the Date!
Save the Date!
Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update
Reserve your seat for one of three seminars taking place in 2011.
Continue Reading Save the Date!
CARB Adopts SB 375 Targets for GHG Reductions Despite Economic Concerns
By Leslie Z. Walker
The alliances between homebuilders and conservation groups forged during the drafting of Senate Bill 375 unraveled around the Regional Greenhouse Gas Emission Reduction Targets for Automobiles and Light Trucks (“Targets”) adopted today by the California Air Resources Board (“CARB”). Despite the suffering building industry’s claims that the Targets are too ambitious, CARB unanimously voted to adopt the Targets. The Sustainable Communities and Climate Protection Act of 2008, Senate Bill 375, requires CARB to set targets for GHG reduction for 2020 and 2035 and further requires the 18 Metropolitan Planning Organizations (“MPOs”) include Sustainable Communities Strategies (“SCS”) to achieve these Targets in their Regional Transportation Plans.
Continue Reading CARB Adopts SB 375 Targets for GHG Reductions Despite Economic Concerns
Sacramento County Climate Action Plan – Part Two
By Emilio Camacho & Leslie Walker
The County of Sacramento kicked off Phase 2 of the Climate Action Plan development at a workshop on Wednesday, August 25, 2010. Phase 2 will develop strategies to implement the Climate Action Plan (CAP), a comprehensive plan for becoming more resource efficient and reducing greenhouse gas (GHG) emissions, originally released in May 2009.
Continue Reading Sacramento County Climate Action Plan – Part Two
. . . And the Number is . . . Five to Ten Percent Reduction Target for 2020
By Leslie Z. Walker
As mandated by SB 375 (Stats 2008, Ch.728) the California Air Resources Board (CARB) is required to set passenger vehicle greenhouse gas emission (GHG) reduction targets for 2020 and 2035 for each of the 18 Metropolitan Planning Organization (MPO) regions in California. CARB must set the targets by September 30, 2010. (Gov. Code, § 65080 subd. (b)(2)(A).)…
Continue Reading . . . And the Number is . . . Five to Ten Percent Reduction Target for 2020
Baseline Depends Upon Whether You Have a New or Modified Project or Existing Project Without Significant Expansion of Use
CEQA Air impacts are to be measured against existing physical conditions not existing permitted level of operations for emitter.
Continue Reading Baseline Depends Upon Whether You Have a New or Modified Project or Existing Project Without Significant Expansion of Use

