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The Evolving Legal Landscape for Ocean-Based Carbon Dioxide Removal

Law Columbia

As previously reported on this blog, ocean CDR research could implicate various international and domestic laws that might affect whether, when, where, and how projects take place. Both the LC and LP require parties to adopt domestic laws to regulate the “dumping” of “waste and other matter” at sea. Countries, like the U.S.,

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Phase l Environmental Site Assessment Standard Being Revised

Greenbuilding Law

The Phase l Environmental Site Assessment Standard E1527-13 will sunset in late 2021, eight years from its approval on November 6, 2013. Environmental Protection Agency as satisfying its All Appropriate Inquiry rule to obtain protections from liability under CERCLA, the federal Superfund law. of this report.

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Updated Phase l Environmental Site Assessment is Published But.

Greenbuilding Law

I am excited to be presenting a fast paced and fun one hour virtual program, “Environmental Social Governance (ESG) an Emergent and Fast Growing Area of the Law” for the Maryland State Bar Association, and Not just for lawyers, on December 14, 2021 at noon. Register today for the live virtual program. 9601) and petroleum products.”.

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

CEQA Developments

On April 7, 2023, the Third District Court of Appeal filed a lengthy published opinion – the latest installment in one of the longer ongoing CEQA battles in recent memory – affirming a judgment finding an EIR for the Federal relicensing of Oroville Dam and related hydropower facilities legally adequate. County of Nevada (2013) 221 Cal.App.4th

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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

City of Dublin (2013) 214 Cal.App.4th Citing Concerned Dublin Citizens v. 4th 1301, 1311 (my 4/10/13 post on which can be found here ); Lucas v. City of Pomona (2023) 92 Cal.App.5th 5th 508, 538 (my 6/27/23 post on which can be found here ); see Pub.

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Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

The Energy Law Blog

1331 because the cities’ claims were “necessarily governed by federal common law.” Do State Nuisance Claims Related to Climate Change Arise Under Federal Law? the district court found that the Plaintiffs’ claims supported federal question jurisdiction because those state-law claims were “necessarily governed by federal common law.”

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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. The leases had a term running from 2009 through 2013, with a holdover provision. Because the material facts were undisputed, the Court treated this as a question of law.

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