News

California Commercial Fishing Interests Urge the U.S. Supreme Court to Roll Back Rules about Agency Deference

A group of California commercial fishing organizations asked the U.S. Supreme Court this week to reverse a Ninth Circuit decision that expands the scope of the “Chevron deference doctrine.” In the 1984 case of Chevron USA Inc. v. NRDC, the Supreme Court ruled that agencies must be given deference in their interpretation of ambiguous statutes […]

California Leading the Way on Residential Solar–At Any Cost

In early May, California became the first state in the country to require solar panels on all new homes, in an attempt to aggressively curb greenhouse gas emissions. The California Energy Commission (“CEC”) adopted updates to the state energy code’s building efficiency standards requiring solar photovoltaic systems on newly constructed residential buildings with three stories […]

California and Environmental Groups Ask the 9th Circuit to Revive Border Wall Lawsuit

The state, and several environmental organizations within it, have urged the Ninth Circuit to overturn a lower court that nixed their challenge to the Trump administration’s planned border wall. The appellants argue that the border wall, and all the construction activities that come alongside it, must first undergo environmental impact assessments. The appellate brief argues […]

Fourth Circuit Court of Appeals Invalidates Incidental Take Permit for Atlantic Coast Pipeline

On Tuesday (5/15/18), the 4th Circuit Court of Appeals issued an order vacating an incidental take permit issued by the U.S. Fish and Wildlife Service for a pipeline project. The Atlantic Coast Pipeline project, backed by Dominion Energy, involves a 600-mile pipeline for natural gas. The proposed route starts in West Virginia and ends in […]

Enviro Group Sues Forest Service (unsuccessfully) Over Imaginary Wolves

On May 29, a federal judge in California dismissed an environmental group’s lawsuit accusing the U.S. Forest Service, and U.S. Fish and Wildlife Service, of improperly approving a forest-thinning project. The group argued that the project would imperil gray wolves and northern spotted owls; the former is endangered under the federal Endangered Species Act, while […]

U.S. Government to Oakland and San Francisco Climate-Change Lawsuit: Drop Dead.

On May 11, the U.S. Government asked a federal judge in California to toss out suits by Oakland and San Francisco seeking to hold the oil industry liable for climate change-related infrastructure damage. The government argued that the cities’ claims are more rightfully handled by regulators and lawmakers, who should set the climate and energy […]

FERC to Review 1999 Pipeline Policy Statement

Last Thursday, the Federal Energy Regulatory Commission (“FERC”) began review of its natural gas pipeline approval policy.  FERC’s inquiry seeks information and stakeholder perspectives to help FERC explore whether, and how, it should revise its existing policies regarding review and authorization of natural gas pipelines. FERC’s notice of inquiry cited four major topics where revisions […]

Popular Science: California uses the term “causes cancer” too liberally

Popular Science, a popular quarterly magazine, published an article on April 4, 2018 calling out California for saying that everything causes cancer. In California Proposition 65 requires business with 10 or more employees to provide reasonable warnings about the use of any chemicals the state has decided “could cause cancer, birth defects, or other reproductive […]

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