Yesterday, the D.C. Circuit Court of Appeals issued a decision in EME Homer City Generation, L.P. v. EPA that rejects the U.S. Environmental Protection Agency’s approach to regulating upwind pollution from coal- and natural gas-fired power plants, among other sources. The so-called Transport Rule, also known as the Cross-State Air Pollution Rule, had sought to

On Thursday, the Senate Appropriations Committee shelved two bills relating to fracking, AB 972 and AB 591.  AB 972 would have placed a moratorium on fracking in California pending issuance of state regulations governing the practice (See August 14 post).  AB 591 would have required operators to disclose fracking activities and chemicals (See

After the California Senate Appropriations Committee cancelled an August 13 hearing on AB 972 (see August 8 post), the Committee moved the bill to the suspense file to take up again this Thursday, August 16.  The bill would place a moratorium on fracking in the state until the Division of Oil, Gas and Geothermal

An August 13 hearing on the bill that would have imposed a moratorium on fracking (AB 972) in the California Senate Appropriations Committee was cancelled Monday at the request of the bill’s author, Assemblywoman Betsy Butler.  Stay tuned for more on Butler’s reasons for requesting the cancellation.

Save the Date for a webinar presented by Melissa Jones designed to help you avoid getting caught in the Proposition 65 trap. The webinar will cover significant regulatory and enforcement issues associated with Prop 65, including litigation, product testing, recent trends, and practical advice for compliance.

Check back soon for more information and registration.

On July 24, 2012, the U.S. Department of the Interior announced that it will publish the Final Programmatic Environmental Impact Statement (“Solar PEIS”) for solar energy development in six southwestern states—Arizona, California, Colorado, Nevada, New Mexico, and Utah.  The Solar PEIS is a major step ahead in the permitting of utility-scale solar energy

The American Petroleum Institute (API) and America’s Natural Gas Alliance (ANGA) recently issued a report from Battelle Memorial Institute pointing out the weaknesses in U.S. EPA’s proposed study of hydraulic fracturing operations.  For example:  “Congress requested a study ‘relying on best available science and independent sources of information.’ It appears questionable, because of its genesis

The Senate Committee on Environmental Quality on July 3rd advanced a bill (AB 972) that would prohibit the State Oil and Gas Supervisor from approving the drilling of a fracking well until the Division of Oil, Gas and Geothermal Resources (DOGGR) adopts fracking regulations.  Existing law requires a well operator to obtain approval

As you may recall, the Office of Environmental Health Hazard Assessment (OEHHA) added sulfur dioxide as a chemical known to cause reproductive toxicity to the Proposition 65 list of chemicals on June 29, 2011.  Today, the OEHHA issued two important notices regarding sulfur dioxide. Continue Reading Prop 65: OEHHA Issues Sulfur Dioxide Guidance

Yesterday, the D.C. Circuit Court of Appeals issued a decision in Coalition for Responsible Regulation v. EPA, upholding the U.S. Environmental Protection Agency’s approach to the regulation of greenhouse gas (GHG) emissions against claims from a variety of interests.  The opinion addressed challenges to three EPA rulemakings:  (1) the agency’s “Endangerment Finding,” where it