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California Supreme Court Finds County Ordinance Limiting Oil & Gas Development Preempted by State Law

Legal Planet

Last week, the California Supreme Court unanimously ruled that an initiative measure that would have imposed severe restrictions on oil and gas development in Monterey County is preempted by state law and therefore invalid. The decision came in the case of Chevron U.S.A., County of Monterey.

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California’s Climate Leadership: A Timeline

Legal Planet

The Golden State has adopted a slew of climate change laws over the past twenty years, and an even greater number of regulations. 2002 SB1078. California seems to have conceived of its role as alternatively a backup for weak federal regulation or a model for future federal action. AB 1493 (Pavley Act). 2006 AB 32.

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Who Should Own Our Electric Utilities?

Legal Planet

Energy Information Administration Investor-owned utilities are regulated to prevent them from taking advantage of their monopoly to gouge ratepayers. The adjacent investor-owned utility, Southern California Edison, has its rates regulated by the California Public Utility Commission. Image from U.S.

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Sorcery, Magic, and a Bit Of Alchemy? Creating Water

Acoel

Is this an element of state water law or something new and different? One of the earliest attempts to regulate this area was The Weather Modification Policy Act (the “Act”), which was enacted in 1976 to address the interstate nature and broad environmental effects of weather modification technology. 490, 90 Stat.

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At the Limits of the Law: The Challenge of Invasives in 2020

Vermont Law

Going into 2020, anticipated federal regulation will significantly affect the nation’s response to the Emerald Ash Borer and aquatic invasives in ballast water. The Emerald Ash Borer (EAB), a terrestrial invertebrate native to East Asia, was first discovered in the United States in 2002. Coast Guard to issue implementing regulations.

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Environmental Groups File Suit to Compel EPA to Review and Revise Oil and Gas Waste Regulations

The Energy Law Blog

Environmental Protection Agency (EPA), seeking to compel EPA to “fulfill long-delayed nondiscretionary duties” under the Resource Conservation and Recovery Act (RCRA) by issuing revised regulations governing oil and gas wastes. See Appalachian Voices v. McCarthy , 989 F. 2d 30, 53-56 (D.

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Prop 65 Bounty Hunters Barred from Filing Acrylamide Lawsuits Based on First Amendment

Arnold Porter

The California Office of Environmental Health Hazard Assessment (OEHHA) added acrylamide to the Proposition 65 list of carcinogens in 1990, but acrylamide was not detected in foods until 2002. This Advisory is intended to be a general summary of the law and does not constitute legal advice. Becerra , No. 2:19-cv-02019-KJM-JDP.

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