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New, Updated Carbon Majors Dataset Holds Promise for Researchers, Litigators

Union of Concerned Scientists

That 2013 headline resulted from the first effort to quantify emissions from the ‘carbon majors’ —fossil fuel companies and cement manufacturers whose businesses have contributed an outsized amount of heat-trapping gases to the atmosphere. Nearly two-thirds of industrial heat-trapping emissions can be traced to just 90 entities.

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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

The overlap of those two roles gave rise to the County of Mono case, in which the County sought to use CEQA litigation as leverage over the City’s water allocations to agricultural users who lease property from the City. Entitlement and litigation attorneys should accordingly both find it a useful case to review.

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

CEQA Developments

Factual and Procedural Background This case’s remarkably extensive litigation history has resulted in no fewer than four published decisions, three from the Third District and one from the California Supreme Court (aka “SCOCA”). (Of County of Nevada (2013) 221 Cal.App.4th County of Butte and County of Plumas, et al v.

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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

Located in a steep valley directly west of Interstate 15, the Project site is also located adjacent to parcels of land zoned “semi-rural residential” and in proximity to a number of residential communities, which resulted in strong public opposition to the Project ultimately leading to litigation. City of Dublin (2013) 214 Cal.App.4th

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California Adopts CEQA Guidelines Aimed at Improving Consideration of GHG Emissions and Climate Change Impacts in Environmental Reviews

Law Columbia

4th 832 (2013) (invalidating EIR that based its significance determination partly on comparing the project’s emissions to statewide emissions). The revised guidelines also add “energy” as an impact category in the environmental checklist for CEQA reviews that agencies use to format and guide their environmental reviews (Appendix G).

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Louisiana Fifth Circuit Weighs in on Proper Application of Prescription and Contra Non in NORM Litigation

The Energy Law Blog

In a case sure to be used as a sword by many defendants in the prevalent NORM (naturally occurring radioactive material) litigation in Louisiana and elsewhere, Patricia Lennie, et al. Exxon Mobil Corporation, et al.,

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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. climate litigation charts. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. 24, 2016).

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