News

Biden Bows Down to California: EPA to Reverse Trump Policy and Grant Waiver to Let California Impose More Stringent Emissions Standards for Cars and Light Trucks

On April 26, 2021, the U.S. Environmental Protection Agency (EPA) announced it is reconsidering the Trump Administration’s withdrawal of California’s federal Clean Air Act (CAA) waiver that previously allowed California to enforce emissions standards more stringent than set forth in the CAA and associated regulations.  (https://www.epa.gov/newsreleases/epa-reconsiders-previous-administrations-withdrawal-californias-waiver-enforce.)  In 2019, the EPA, under the Trump Administration, withdrew […]

Biden’s American Jobs Plan Includes 16 Billion for Orphan Well and Abandoned Mine Cleanup

Last month, President Biden announced the American Jobs Plan (the “AJP”). The 2.3 trillion-dollar plan is chock full of non-infrastructure spending, though it does include funding for highways, roads, bridges, ports, airports, and transit systems. There is money for the elimination of all lead pipes and service lines which make up the expansive nationwide drinking […]

U.N.-Backed Shadow Bank Cartel Emerges To Kill Oil and Gas Development

The unveiling of a new financial sector climate change initiative – the Net-Zero Banking Alliance – on April 21, 2021, has highlighted the ongoing tensions between the U.S.’s largest banks and the Biden administration’s attempts to leverage financial firms to take part in the fight against climate change. While Morgan Stanley, JP Morgan Chase, Wells […]

No Federal Endangered Species Act Protection for Shasta Salamander

Last week, the U. S. Fish and Wildlife (USFWS) issued its decision to not list three salamander species as endangered or threatened under the federal Endangered Species Act. The decision applies to the Samwel salamander (Hydromantes samweli), Shasta salamander, (H. shastae), and Wintu salamander (H. wintu), which have a historical range that includes portions of […]

Fourth District Court of Appeal Upholds Motion to Dismiss CEQA Petition for Failure to Request a Hearing in Unpublished Decision

In the unpublished case Watchdogs v. California State Lands Commission (D077166, April 02, 2021), the Fourth District Court of Appeal upheld the trial court’s decision to grant a motion to dismiss a CEQA writ petition for failure to request a hearing on the petition as required by Public Resources Code section 21167.4, subdivision (a). The […]

Late to the Party: Biden Administration Proposes Revoking “Take Rule” for Migratory Bird Treaty Act

On May 6, 2021, the U.S. Fish and Wildlife Service, under the Biden Administration, announced a proposed rule to revoke another regulation promulgated by the Trump Administration. Specifically, the Biden Administration has proposed a rule that would effectively revoke the Trump Administration’s final regulation that limited the scope of the Migratory Bird Treaty Act (“Trump […]

Legislative Update: Bills to Watch Affecting the California Oil and Gas Industry

The oil and gas industry has received a lot of attention lately with the Biden Administration cancelling BLM oil and gas lease sales and California Governor Newsom announcing plans to unilaterally ban fracking after the California State Legislature failed to adopt a fracking ban.  Those in the California oil and gas industry should also continue […]

U.S. Senate Passes Resolution Restoring Oil and Gas Methane Regulations

On April 28, 2021, the Senate passed Joint Resolution 14 (the “Resolution), which would effectively nullify the Oil and Natural Gas Sector: Emission Standards for New Reconstructed, and Modified Sources Review (85 Fed. Reg. 57018) rule published by the Environmental Protection Agency on September 14, 2020, under the Trump Administration. The 2020 EPA rule “finalized […]

D.C. Circuit Denies Request to Rehear Dakota Access Pipeline Permitting Case

On Friday, April 23, the U.S. Court of Appeals for the D.C. Circuit denied Dakota Access LLC’s request for a rehearing on a three-judge panel ruling that the Dakota Access Pipeline (the “DAPL”) is operating without a key federal permit.  By denying the petition, the appeals court stood by its January decision, which upheld the […]

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