In early July, 2013, the Court of Appeals for the D.C. Circuit, stuck down the EPA’s Deferral Rule which the Court ruled improperly distinguished between classes of greenhouse gases. The EPA’s Deferral Rule exempted certain biogenic emissions that result naturally from the decomposition of waste associated with landfills, wastewater, manure management processes, feedstocks and ethanol production from regulation under the Tailoring and Timing Rules. The Court’s action, therefore, raises the question of how biogenic emissions will be regulated.
The US Supreme Court recently ruled in favor of property owners to apply well-established rules limiting governmental action in two important situations:
first, when there is no agreement between the property owner and the governmental agency, and
second, where the negotiation involves the property owner expending cash vs. ceding real property.
Many commentators expect this ruling, Koontz v. St. Johns River Water Management District, to have significant ramifications in favor of property owners on the negotiations between property owners and governmental agencies. To read more, click on this link to take you to “Legal Planet”.
CEQA Reform: New Proposed Legislation and Potential Effects on California Projects
This 60-minute webcast, presented by Latham & Watkins’ Energy and Infrastructure Project Siting and Defense Practice, addresses the recent developments in the California Environmental Quality Act (CEQA), including:
New proposed legislation, including the newly released amended text of Senator Steinberg’s CEQA reform legislation, S.B. 731
Recent developments in CEQA cases
Recent developments in CEQA and NEPA coordination
The impact of these recent developments and proposals on developers and projects