Land Use, Environmental, and Real Estate Law in California
Reserve your seat for one of four seminars taking place in early 2016.
In January and February 2016 Abbott & Kindermann, LLP will present its 15th annual educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, agriculture, real estate transactions, easements, mining…
By Diane G. Kindermann, William W. Abbott and Glen Hansen
Welcome to Abbott & Kindermann’s 2015 Third Quarter Environmental update. This update discusses selected litigation, regulations / administrative guidance and pending legislation, on both the federal and state levels, in the following general areas of environmental law: (A) Water Rights and Supply, (B) Water Quality, …
By Diane Kindermann, William W. Abbott and Glen Hansen
Welcome to Abbott & Kindermann’s 2015 Mid-Year Environmental update. This update discusses selected litigation, regulations / administrative guidance and pending legislation, on both the federal and state levels, in the following general areas of environmental law: (A) Water Rights and Supply, (B) Water Quality, (C) Wetlands, (D) Air Quality and Climate Change, (E) Endangered Species, (F) Renewable Energy, (G) Hazardous Substance Control and Cleanup, (H) Mining / Oil & Gas, and (I) Environmental Enforcement.
Click Here to read the complete update.
If you have any questions about these court decisions, contact Diane Kindermann, William Abbott or Glen Hansen. The information presented in this article should not be construed to be formal legal advice by Abbott & Kindermann, LLP, nor the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues.Continue Reading 2015 MID-YEAR ENVIRONMENTAL LAW UPDATE
In 2011, the United States Supreme Court held that the Clean Air Act (“CAA”) and any Environmental Protection Agency action authorized by the CAA displaces any federal common law of interstate nuisance seeking abatement of carbon-dioxide emissions from fossil-fuel fired power plants. In 2012, several federal courts have similarly rejected lawsuits based on common law claims that sought to address the effects of climate change, either by way of damages or injunctive relief.
Continue Reading Federal Courts Continue To Reject Climate Change Lawsuits That Rely On Federal Common Law
The United States Court of Appeals for the District of Columbia Circuit recently found that the United States Environmental Protection Agency used the “good neighbor” provision between States in the Clean Act Air “to impose massive emissions reduction requirements on upwind States without regard to the limits imposed by the statutory text.” The court held EPA’s “Transport Rule,” which implemented the good neighbor provision, violated the CAA in several respects. In striking down that rulemaking, the court noted EPA’s seeming reluctance “to acknowledge any textual limits on its authority under the good neighbor provision.”…
Continue Reading In Striking Down EPA’s “Transport Rule” Under The Clean Air Act, Federal Court Is Struck With EPA’s Refusal To Acknowledge Any Textual Limits On Its Authority
Will Commerce Clause challenges thwart California’s efforts to reduce greenhouse gas emissions? In regards to the state’s Low Carbon Fuel Standard, one U.S. District Court has already said “Yes.”…
Continue Reading The Commerce Clause As A Sword To Challenge California’s Efforts To Curb Greenhouse Gas Emissions
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
Abbott & Kindermann, LLP’s Mid-Year CEQA Update reviews the seven cases issued to date.
Continue Reading 2011 CEQA MID-YEAR UPDATE
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
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!
