EPA Sets New Enforcement Priorities
EPA’s Ozone NAAQS Largely Survives: CASAC Still Rules
California Court of Appeal Rejects “Substantial Factor” Test for Regional Board to Issue a Cleanup and Abatement Order to a Responsible Person
After years of investigation, the San Diego Regional Water Quality Control Board (“Regional Board”) issued a cleanup and abatement order (“CAO”) to San Diego Gas & Electric Company (“SDG&E”) after finding that SDG&E caused or permitted waste to be discharged into the San Diego Bay, and thereby created, or threatened to create, pollution and nuisance conditions. SDG&E contested its designation as a “responsible person” under California Water Code section 13304 and petitioned for a writ…
California Supreme Court Holds Medical Marijuana Zoning Ordinance is a Project Subject to CEQA
Every CEQA analysis begins with the threshold question of whether the activity is a “project” as defined by Public Resources Code section 21065 and 21080. In Union of Medical Marijuana Patients, Inc. v. City of San Diego, the California Supreme Court held that regardless of the nature of a project, CEQA applies if it “may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment….” …
If It Walks Like a Duck and Talks Like a Duck, It May Still Not Be Sauce for the Gander
Ratcheting Down on Agency Discretion: Total Maximum Daily Loads
Not A CEQA “Project”? Not So Fast, Lead Agency! Supreme Court Reverses Fourth District’s Decision That San Diego’s Adoption of Medical Marijuana Dispensary Ordinance Was Not A Project Requiring CEQA Review
Introduction And Overview
On August 19, 2019, the California Supreme Court issued its unanimous 38-page opinion, authored by Chief Justice Cantil-Sakauye, in the CEQA “project definition” case we’ve been tracking with interest. Union of Medical Marijuana Patients, Inc. v. City of San Diego (California Coastal Commission, Real Party in Interest) (2019) ____ Cal.5th ____, Case No. S238563. As anticipated based on the high court’s questioning and remarks at oral argument (see “Supreme Court Hears Oral Argument …
U.S. EPA Indicates that Air Pollution Trends Show Cleaner Air, Growing Economy
By Jeryl L. Olson and Craig B. Simonsen
Seyfarth Synopsis: The EPA has posted an interesting flyer on “Our Nation’s Air,” the Status and Trends Through 2018.
According to the EPA Administrator Andrew Wheeler, “one of America’s great but untold environmental success stories is that we have made – and continue to make – great improvements in our air quality, thanks largely to state and federal implementation of the Clean Air Act and innovation in…
Troutman Sanders Pipelaws Team Authors Article on the Pipeline Safety Act for Law360
Troutman Sanders Pipeline partners Catherine Little, Bob Hogfoss and Annie Cook authored an article published in Law360 on the Pipeline Safety Act reauthorization legislation currently in the U.S. House and Senate. The current authorization of federal pipeline safety laws and funding of the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) expires at the end of September, and the statute is up for reauthorization this year.
To read the entire article in Law360, click here.…
CARB Updates Proposal to Amend SF6 Regulation: Stricter Requirements for California Electrical Equipment
CARB’s revised discussion draft removes a previously proposed de minimis exemption for owners of SF6 GIE.
By Aron Potash and Christopher C. Antonacci
On August 15, 2019, California Air Resources Board (CARB) staff published a revised discussion draft (Revised Draft) of potential changes to the Regulation for Reducing Sulfur Hexafluoride Emissions from Gas Insulated Switchgear (SF6 Regulation). The Revised Draft takes into account comments received from stakeholders in the past several months. Notably, it proposes…