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California Air Resources Board Releases Draft Scoping Plan Update (Part 3)

Clean Energy Law

Assembly Bill (AB) 32, the California Global Warming Solutions Act of 2006 (AB 32), requires CARB to develop and update every five years a scoping plan that describes the approach California will take to reduce greenhouse gas (GHG) emissions to achieve the goal of reducing emissions to 1990 levels by 2020.

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Rare Eastern Hellbender Habitat In Loyalsock Creek, Lycoming County Harmed By Sediment Plumes From Pipeline Crossings, Shale Gas Drilling Water Withdrawal Construction Projects

PA Environment Daily

Peter Petokas , from Lycoming College Clean Water Institute , found habitats of the rare Eastern Hellbender salamander are being significantly impacted by sediment plumes from natural gas pipeline crossing and shale gas drilling-related water withdrawal construction projects. Read more here. Petokas explained. Read more here.

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CEQA Remedies Go Both Ways:  Fourth District Reverses Judgment Upholding San Diego County Board’s Decision Granting Project Opponents’ Administrative Appeal, Holds Board Erred In Finding CEQA Guidelines Section 15183 Statutory Exemption Inapplicable And Ordering EIR Prepared for Exempt Industrial Project

CEQA Developments

1) held the San Diego County Board of Supervisors committed a prejudicial abuse of discretion in granting project opponents’ appeals of the Planning Commission’s decision upholding County’s use of the CEQA Guidelines section 15183 exemption for a construction debris and inert materials recycling facility project. 2024) Cal.App.5th.

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That Dam Case (Again):  Third District Upholds Oroville Hydropower Facilities Relicensing EIR Against Numerous CEQA Challenges

CEQA Developments

The case has its origins in the operation of the Oroville Dam on the Feather River, which is part of the large statewide plumbing system with the prosaic name of State Water Project (“SWP”). It was also undertaking environmental review under CEQA by preparing an EIR for the project.

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“Yes, San Francisco, There Is A CEQA”: First District Reverses Judgment Upholding City’s Categorical Exemption Determinations For Project To Add Four 90-Foot Tall Light Standards To High School Stadium In Residential Neighborhood

CEQA Developments

The project would not, however, increase the stadium’s capacity or overall frequency of use. 2006) 141 Cal.App.4th The City’s attempted reliance on the class 3 exemption for “New Construction or Conversion of Small Structures” fared no better. 2006) 139 Cal.App.4th Monterey Peninsula Water Management Dist.

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Fourth District Addresses Numerous Significant CEQA Issues In Action Challenging City of San Diego’s Utility Undergrounding Projects

CEQA Developments

In a 53-page published opinion filed October 8, 2021, the Fourth District Court of Appeal mostly affirmed, but reversed in part, a judgment in a CEQA action challenging two sets of projects of the City of San Diego to underground overhead utility wires in several neighborhoods. City of San Diego (2021) Cal.App.5th. The Litigation.

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July 2017 Updates to the Climate Case Charts

Law Columbia

The plaintiffs in lawsuits challenging the cap-and-trade program had argued that it was not authorized by the Global Warming Solutions Act of 2006 and that the requirement to purchase emissions allowances constituted a tax that required approval by a two-thirds majority of the State legislature. Friends of the Wild Swan v. Thorson , No.

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