In Parker Shattuck Neighbors, et al. v. Berkeley City Council, et. al. (First Appellate District, December 30, 2013) (“Shattuck Neighbors”), the court upheld the City of Berkeley’s approval of a mitigated negative declaration (“MND”) for a residential infill project. The court found no Environmental Impact Report (“EIR”) was necessary because the expert opinion
Causes / Issues
Governor Brown Outlines Budget Priorities for CalEPA and Natural Resources Agency
Governor Brown released a summary of his proposed 2014-2015 budget this week, including details on proposed environmental protection and natural resources spending. The Governor’s budget provides $3.6 billion in funding for the California Environmental Protection Agency, including $3.1 billion in State funds and $54 million from the General Fund. Proposed funding of CalEPA programs include:
- $850 million
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Ninth Circuit Holds California’s Low Carbon Fuel Standard is Constitutional on its Face
This week, the Ninth Circuit Court of Appeals issued its decision in Rocky Mountain Farmers Union v. Corey, ruling on the constitutionality of California’s Low Carbon Fuel Standard (LCFS). The Court of Appeals reversed the District Court’s holdings in large part, in particular finding that the LCFS does not on its face violate the…
High Speed Rail Authority’s Appraisal Process Questioned
Two Republican State Assemblymen (Jim Patterson, R-Fresno and Frank Bigelow, R-O’Neals) submitted a request to the Joint Legislative Audit Committee on Tuesday for an investigation into the California High Speed Rail Authority’s (“Authority”) appraisal process, assessment of land values, and the role of private contractors in the Authority’s acquisition of 356 parcels in the Central…
State Water Resources Control Board Issues Final Draft of the Industrial General Storm Water NPDES Permit
Today, the State Water Resources Control Board released the final draft of the Statewide General National Pollutant Discharge Elimination System (“NPDES”) Permit for the Discharge of Storm Water Associated with Industrial Activities (“Industrial General Permit” or “Permit”). The long-awaited third revised draft of the Industrial General Permit comes after two previous iterations of the draft…
New Lawsuit Challenges California’s Cap and Trade Auctions
The California Air Resources Board (CARB) is facing another legal challenge to its cap and trade program – Morning Star Packing Co. v. California Air Resources Board (Sacramento Superior Court case no. 34-2013-80001464, filed April 16, 2013). A coalition of twelve companies, trade associations, and individuals filed the new lawsuit on Tuesday, challenging the legality…
South Coast Air Quality Management District Schedules Fifth Working Group Meeting on Proposed Rule 1304.1, Comment Period on Notice of Preparation of Environmental Assessment Open until May 8
The South Coast Air Quality Management District has scheduled its fifth working group meeting on the District’s proposed Rule 1304.1 for May 8, 2013. The proposed Rule would impose substantial new fees for the replacement or repower of electrical generating facilities within the District, by charging developers who obtain air emissions offsets from the District’s…
South Coast Air Quality Management District Holds Third Rule 1304.1 Working Group Meeting
The South Coast Air Quality Management District held its third working group meeting yesterday for the District’s proposed Rule 1304.1. The proposed Rule would impose substantial new fees on developers repowering electrical generating facilities within the District, which encompasses Orange County and parts of Los Angeles, Riverside, and San Bernardino Counties. Under the proposed…
California Air Resources Board Issues Results of Quarterly Cap and Trade Allowance Auction
On February 19, 2013, the California Air Resources Board held its second auction of greenhouse gas (GHG) emission allowances for its Cap and Trade Program. This was the first quarterly auction for 2013; the first auction was held November 14, 2012. All ‘covered entities’ – GHG emitters regulated under Cap and Trade – were…
Stoel Rives Publishes Primer on the Basics of California’s Cap and Trade Program
California’s Cap and Trade Program is now a reality. Businesses needs answers to questions arising from this complex program. Now that the State of California has held its first auction of carbon allowances under the Program and the initial compliance period of 2013-2014 is now underway, Stoel attorneys Michael Mills, Tom Henry and Allison…