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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). 7411(b)(1)(B); see also §7411(a)(2). 7411(b)(1)(B); see also §7411(a)(2).

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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

Factual and Procedural Background The General Plan Update and Certified Program EIR The County designated the project property for industrial use in its 2011 General Plan Update (GPU), the environmental impacts of which were reviewed under CEQA pursuant to a certified program environmental impact report (PEIR).

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First District Holds LA’s Water Allocations To Agricultural Lessees Were Authorized Under Existing Leases And Did Not Constitute Or Implement A Separate “Project” Subject to CEQA Review

CEQA Developments

But this most recent legal dustup arises in the context of the City’s role as lessor of some 6,100 acres of land it owns in the County. acre feet per acre (2011-12) to zero acre feet per acre (2015-16). Because the material facts were undisputed, the Court treated this as a question of law.

2010 83
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Climate Litigation Chart Updates – November 2016

Law Columbia

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The court rejected Exxon’s argument that it could withhold documents based on an accountant-client privilege under Texas law. and non-U.S. United States v.

2016 40
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Two China Based Companies Banned as a Result of Forced Labor

Greenbuilding Law

The practical effect is that beyond the requirements of federal law, a groundswell of companies acting on moral grounds are not installing Xinjiang Uyghur Autonomous Region sourced solar panels (that may have been imported before or have circumvented the ban). The federal government began enforcing the UFLPA in June 2022.

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Michigan’s ‘Very Big Opportunity’ in Infrastructure Windfall

Circle of Blue

The deteriorated condition of the state’s water infrastructure was not helped at all by decades of administrative and legal impediments that constrained SRF grant approvals and hindered the ability of smaller, low-income communities to access the funds. . Historically, Michigan has not spread its SRF loans widely.

2022 246
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Why Are CEQA Cases Published Or Not? Observations From A Look Back at 2020’s Decisions

CEQA Developments

With regard to my first reason, published cases are more important because they are legal precedents that state holdings and rules binding on everyone, not just the parties to the action. The particular legal subject matter area within CEQA did not appear to drive the Courts’ publication decisions, at least for last year.

2020 40