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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. Required the California Air Resources Board (CARB) to set standards for greenhouse gas emissions (GHGs) new vehicles. 2011 CARB adopted cap and trade system. 2002 SB1078. 2006 AB 32.

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Catch 22 at the Supreme Court

Legal Planet

In 2011, in AEP v. CT , the Supreme Court said this: We hold that the Clean Air Act and the EPA actions it authorizes displace any federal common law right to seek abatement of carbon-dioxide emissions from fossil-fuel fired power plants. 410 (2011). Connecticut , 564 U. Post, at 20.

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Energy & Climate CounselFoley Hoag LLP Amendments to Massachusetts’ Clean Energy Standard Finalized, Accelerating Progress Towards Decarbonization of the State’s Electricity Sector

Law and Environment

CES-E was designed to maintain the state’s existing clean energy supply from nuclear and large hydroelectric generators with a nameplate capacity greater than 30 megawatts and whose commercial operations started prior to 2011. What amendments were made to the CES?

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What Happened During the Montana Youth Climate Trial

Legal Planet

As I outlined here , Montana state law prohibits the consideration of greenhouse gas emissions or climate impacts–– inside and outside the state’s borders––when reviewing projects and approving permits. This now-infamous climate prohibition has been called a “limitation” on the Montana Environmental Policy Act, or MEPA.

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Recap of 2023 CEQA Amendments Now In Effect

CEQA Developments

We saw a continued focus on incentivizing affordable and infill developments on the condition that the project pay prevailing wages (AB 2011), reducing barriers for specified sustainable transit projects (SB 922), and amendments akin to “pet project exemptions” that are targeted to solving a narrower set of concerns (SB 118 and SB 886).

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EPA Announces January 2011 as Likely Date for Regulation of Greenhouse Gases Under PSD Program

The Energy Law Blog

By Stephen Wiegand EPA recently announced its position regarding the timing of the regulation of greenhouse gases under the Clean Air Act’s Prevention of Significant Deterioration (PSD) Program. In Massachusetts v. EPA, 549 U.S.

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2021-2022 California Environmental Legislation: What’s Been Enacted?

Legal Planet

The Governor approved a notable slate of climate legislation with a package that includes more stringent greenhouse gas (GHG) emission targets and measures designed to reduce the state’s reliance on fossil fuels. Implementation of these new laws will be the true test of that statement, but they provide an exciting starting point.

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