Searching Content indexed under Climate Change by Sheppard Mullin Richter & Hampton ordered by Published Date Descending.
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Endangered Species Act Rulemakings Face Immediate Challenge
On August 27, 2019, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the "Services") published final rules amending three important parts
United States
5 Sep 2019
District Court Provides Guidance On Climate Change Analysis Under NEPA
A federal district court has ruled that the Bureau of Land Management ("BLM") failed to adequately consider climate change when approving a set of oil and gas leases on public lands in Wyoming.
United States
1 May 2019
On Repeat: Courts Again Uphold Low Carbon Fuel Standard Programs
The Ninth Circuit Court of Appeals recently upheld – for the second time – California's Low Carbon Fuel Standard ("LCFS") against constitutional challenges brought by industry groups.
United States
1 Feb 2019
Five Years In The Making: California Is One Step Closer To A Comprehensive Update To The CEQA Guidelines
The Governor's Office of Planning and Research ("OPR") has spent five years drafting a comprehensive update to 30 sections of the California Environmental Quality Act ("CEQA") Guidelines.
United States
11 Jan 2019
Use Of Long-Term Climate Projections For Bearded Seal Listing Not Necessarily A Bellwether For Endangered Species Act Decisions
The Ninth Circuit this week upheld a National Marine Fisheries Service decision to list the Pacific bearded seal as threatened under the Endangered Species Act based primarily on threats from climate change...
United States
8 Nov 2016
Climate Change Gets Fashionable: The Fashion Industry Embraces The President's Climate Change Initiative
The fashion industry has recently been using its clout and cachet to combat climate change. Who else has a heavy hand in the fight against climate change? The answer, while a bit less surprising, is the White House.
United States
31 Dec 2015
Fourth District’s Split Decision Further Complicates CEQA Requirements Surrounding GHG Impact Analysis And Mitigation Measures – Dissent Warns Majority Opinion Will Weaken And Confuse The Law
The majority went on to hold the EIR further violated CEQA by failing to discuss mitigation alternatives that could both substantially lessen GHG impacts and feasibly be implemented.
United States
23 Dec 2014
Supreme Court Grants Limited Review Of GHG Emissions Regulations
On October 15, 2013, the United States Supreme Court granted certiorari to review six of the nine submitted petitions stemming from an appellate court ruling upholding Environmental Protection Agency greenhouse gas controls at utilities, factories and other facilities around the country.
United States
11 Nov 2013
EU Carbon Trading System Wins Parliament’s Support
The European Parliament recently approved a proposal to delay the issue of 900 million emissions allowances.
European Union
27 Sep 2013
Adopting Thresholds Of Significance Under CEQA Not Subject To CEQA Review
In a recent case, the First District Court of Appeal overturned the trial court and held that the thresholds of significance adopted by the Bay Area Air Quality Management District were not subject to CEQA review for two reasons.
United States
2 Sep 2013
Recent Federal And International Developments Good For California Cap And Trade
Plans recently announced by the White House show a credible pathway to meet targets pledged by the President pursuant to the Copenhagen Accord.
United States
8 Jul 2013
What Will It Cost For California To Save The World? California Conducts Its First Greenhouse Gas Cap-And-Trade Auction
The landmark Global Warming Solutions Act of 2006 ("AB 32") tasked the California Air Resources Board ("ARB") with reducing greenhouse gas ("GHG") emissions to 1990 levels by 2020.
United States
14 Dec 2012
California Appellate Court Greenlights California Air Resources Board's Cap-And-Trade Program*
On Tuesday, June 19, 2012, the California First District Court of Appeal ruled in favor of the California Air Resources Board ("ARB") and upheld its Climate Change Scoping Plan ("Scoping Plan"), which charts dozens of climate change control measures, in Association of Irritated Residents et al. v. ARB, Case No. A132165
United States
3 Jul 2012
BCDC Bay Plan Amendments
Last month the San Francisco Bay Conservation and Development Commission (BCDC) amended the San Francisco Bay Plan to include new findings and policies addressing climate change and sea level rise.
United States
14 Nov 2011
ARB Passes Final Regulations For Cap-And-Trade Program
After months of CEQA litigation and political lobbying, including an appeal to the California Supreme Court (previous article can be found here), California's landmark climate change bill, the Global Warming Solutions Act of 2006 ("AB 32"), has been modified and appears ready to be implemented starting in January 2012.
United States
9 Nov 2011
June Proves To Be A Busy Month For ARB And Its Proposed Cap-And-Trade Program
June was certainly an interesting month for those following the progression of California's Global Warming Solutions Act ("AB 32"), which requires that California cut greenhouse gas ("GHG") emissions to 1990 levels by 2020. The "linchpin" of AB 32 is a proposed cap-and-trade program, a market-based approach to reducing GHG emissions in which the California Air Resources Board ("ARB") sets a collective cap on GHG emissions and then allows under- and over-polluters to buy and sell credits among th
United States
12 Jul 2011
Carbon Dioxide Emissions Not Subject To Federal Common Law Nuisance Claims
In the battle over climate change, the Supreme Court once again set an important precedent in "American Electric Power Co., Inc. v. Connecticut" ("American Electric Power").
United States
6 Jul 2011
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