In Sierra Club v. County of Fresno (Cal. Ct. App. 5th Dist. May 27, 2014), the Fifth Appellate District found fault with the County of Fresno’s (County)  review of the Friant Ranch Project (Project) under the California Environmental Quality Act (CEQA). The appellate court concluded that the County’s Environmental Impact Report (EIR) did not sufficiently correlate the Project’s air quality impacts with impacts on human health, and did not sufficiently define mitigation measures designed to address air quality impacts. With respect to correlating air emissions to human health impacts, it is worth noting that the court did not address the extent to which this is possible. Initial reactions from air consultants who have reviewed this decision is that it is not technically possible to calculate this correlation with such specificity, leaving open the question of how lead agencies will respond to this decision in future CEQA documents.
Continue Reading What’s a ROG and Can It Hurt Me? EIR Overturned For Failure to Explain Air Quality Impacts to Human Health

On June 13, 2014, the Department of Conservation (“Department”)  issued a public notice and posted the latest version of the proposed regulations for the use of well stimulation in oil and gas production (“Revised Proposed Regulations”).  These are revisions to the permanent regulations that will go into effect on January 1, 2015.  The Revised Proposed Regulations include the following, significant changes:Continue Reading Department of Conservation Issues Revised, Proposed Well Stimulation Treatment Regulations

The Sacramento Bee has reported that the Legislature’s budget proposal for the high-speed rail project has been finalized.  Gov. Jerry Brown and Democratic lawmakers have agreed to use 25 percent of future cap-and-trade funds, totaling $250 million, to continue construction of the $68 billion California High-Speed Rail Project (the “Project”).  The floor votes for the…

In SPRAWLDEF et al. v. San Franscisco Bay Conservation and Development Commission, et al. (“SPRAWLDEF”)(certified for publication 5/28/2014), the First Appellate District reversed the trial court’s decision and held the San Francisco Bay Conservation and Development Commission’s (“Commission”) determination that a project alternative was not economically feasible was supported by substantial evidence.…

The world continues to shift for the energy sector in California. On Monday, U.S. EPA Administrator Gina McCarthy announced the highly anticipated proposed CO2 standards for existing power plants in the U.S.  The proposed rules would affect existing power plants undertaking changes, as well as those not contemplating any modifications.  What’s more, states can meet the proposed standards through implementation of…

Yesterday, Senate Bill 1132 failed in the Senate.  In a 18-16 vote, SB 1132 fell three votes short of the necessary majority.  The bill was introduced by Senators Holly Mitchell (D-Los Angeles) and Mark Leno on February 20, 2014, as reported here.

Through amendments to Public Resources Code (“PRC”) §§ 3157, 3160, 3161…

Last Friday, May 23, 2014, Senate Bill 1017, the Oil Severance Tax Law, failed to pass through the Senate Appropriations Committee.  As a result, the bill is effectively dead for the year.  SB 1017 was introduced by Senator Evans on February 14, 2014 and passed the Education Committee on April 24, 2014, as reported…

This past Tuesday, May 20, the Santa Cruz County Board of Supervisors unanimously voted to approve a permanent moratorium on oil and gas exploration and development.  Santa Cruz becomes the first county in the state of California to approve such a moratorium, which includes a ban on hydraulic fracturing.  The permanent moratorium in Santa…

At last, the new Supervisor of the California Department of Conservation’s Division of Oil, Gas & Geothermal Resources (“DOGGR”) has been announced.  Steven Bohlen, currently Program Director at the Lawrence Livermore National Laboratory, will replace recently-retired former Supervisor Tim Kustic.  Mr. Bohlen’s background spans numerous academic, teaching, and research positions, including stints at Texas…

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