Clean Energy Law

MAY 17, 2019

2018 Year in Review: Public agencies prevailed in 65% of CEQA cases analyzed. Over the course of 2018, Latham & Watkins lawyers reviewed all 57 California Environmental Quality Act (CEQA) cases, both published and unpublished, that came before California appellate courts. Read the full CEQA Case Report Year in Review 2018.

2017 130

2017 2018 2019 Greenhouse 130

CEQA Developments

OCTOBER 21, 2021

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.

Law 80

Law 2013 2012 2016 80

CEQA Developments

MARCH 9, 2022

In an opinion filed on December 16, 2021, and belatedly ordered published on January 13, 2022, the Fourth District Court of Appeal rejected a CEQA challenge to a small multifamily project in the City of Santa Cruz. As part of the review process, the City prepared an initial study/mitigated negative declaration to address CEQA compliance.

Conservation 90

Conservation Law Regulations 2010 90

Law Columbia

NOVEMBER 1, 2016

The plan must specifically address how EPA will consider the effects of Clean Air Act regulation on the coal industry. Environmental groups had identified five categories of new information since the 2004 preparation of an EIS that they contended warranted supplemental review under the National Environmental Policy Act (NEPA).

2016 40

2016 Climate Change Fossil Fuels Greenhouse 40

Law Columbia

MARCH 6, 2018

Federal Court Dismissed Challenge to Executive Order on Reducing Regulation. The court stated: “Any injury allegedly stemming from the prospect that the Executive Order has delayed the issuance of unspecified regulations relating to a broadly defined area of concern is too abstract and speculative to support standing.” Trump , No.

2018 40

2018 Clean Air Act Climate Change Endangered Species Act 40

Arnold Porter

JUNE 2, 2021

This includes emerging contaminants as well as substances identified by the Environmental Protection Agency (EPA or the Agency) under the 2016 amendments to the Toxic Substances Control Act (TSCA) for prioritization, risk evaluation, or regulation. PFAS Action Act of 2021 Would Amend Major Environmental Statutes to Regulate PFAS.

2021 52

2021 Regulations 2020 Toxic Substances Control Act 52