United States: High Court Upholds Long-Term GHG Emissions Analysis, But Warns Agencies To Keep Pace With Regulatory Advancements: Lessons From Cleveland National Forest Foundation v. SANDAG

Cleveland National Forest Foundation, et al. v. San Diego Association of Governments (2017) __ Cal. 5th __, Supreme Court Case No., S223603

Judicial deference to a lead agency's determination regarding the proper greenhouse gas ("GHG") threshold for a project California Environmental Quality Act ("CEQA") remains a swinging pendulum. The California Supreme Court recently upheld the San Diego Association of Government's ("SANDAG") determination that the year 2050 statewide GHG reduction goals set forth in Executive Order S-3-05 ("Executive Order") issued in 2005 did not create a CEQA threshold of significance an agency must follow. However, the court did so for reasons different than SANDAG stated in the response to comments on the Environmental Impact Report ("EIR") on proposed amendments to its Regional Transportation Plan ("RTP"). In Cleveland National Forest Foundation, et al. v. San Diego Association of Governments (2017) __ Cal. 5th __, Supreme Court Case No., S223603, the court found that "SANDAG did not abuse its discretion in declining to adopt the 2050 goal as a measure of significance because the Executive Order does not specify any plan or implementation measure to achieve its goal." The EIR's long-term GHG analysis adequately informed the public and agency, in part, because SANDAG summarized the Executive Order in the EIR's regulatory framework section and disclosed the increase in GHG emissions in 2050 compared to the 2010 baseline. An analysis of "Lessons Learned and Reaffirmed" by the case appears at the end of this post.

The California Attorney General joined Cleveland Nation Forest Foundation and several other environmental groups in opposing the EIR. The Attorney General hoped to send a message to cities, counties and regional planning agencies to be more aggressive in adopting GHG-reducing policies in their long-term planning documents. Indeed, the Attorney General actively opposed several General Plan approvals soon after California adopted its landmark California Global Warming Solutions Act of 2006 (AB 32.)

The Attorney General argued in this case that only through analysis of the Executive Order could the general public and agency decision-makers have "meaningful context" to adequately evaluate the environmental impacts of SANDAG's RTP. The latter set forth SANDAG's 40-year regional plan for land use and transportation infrastructure investment. The Executive Order set forth a goal of reducing statewide GHG emissions levels to 80% below 1990 levels by the year 2050 based on scientific consensus that such levels would be necessary for California to stabilize GHG emissions at 450 parts per million. California has determined this to be its fair share to achieve climate stabilization, and therefore an appropriate state wide goal against which project GHG emissions should be evaluated. The Attorney General was concerned that it was not enough for SANDAG to just declare a significant and unmitigable impact without also explaining the broader consequences of the impact remaining significant and unmitigated. Within that larger context, the Attorney General was also specifically concerned that SANDAG's RTP did not go far enough in promoting land use patterns near transit and investing in transit infrastructure (as opposed to road infrastructure) that would assist the state in meeting the 2050 goal by reducing GHG emissions related to San Diego's average vehicle miles traveled.

The Attorney General prevailed at the trial court and court of appeals. The Supreme Court accepted SANDAG's appeal on the limited issue of whether a lead agency is required to use the Executive Order as its CEQA GHG significance threshold.

SANDAG's response to the Attorney General comments on the EIR had stated there was no legal requirement to analyze the RTP's consistency with the Executive Order because (a) the Executive Order was not an adopted GHG reduction plan within the meaning of CEQA Guidelines 15064.4(b)(2); and (b) SANDAG's role in achieving the statewide 2050 target is uncertain and small.

The Supreme Court held that SANDAG's small role in achieving the Executive Order's 2050 target was not a valid reason because GHG is a cumulative impact so no one project has a significant direct impact. Nearly all projects have a small impact, and the solution to climate change requires the aggregation of many small reductions in greenhouse gas emissions by public and private actors at all levels.

The court also held that even though the Executive Order is not an adopted GHG reduction plan, a lead agency must still exercise its discretion about what significance threshold to use "based to the extent possible on scientific and factual data." (CEQA Guidelines 15064(b).) Accordingly, the court found that the scientific information in the Executive Order has important value to policymakers and citizens when considering the emission impacts of a project like the RTP because it expresses the pace and magnitude of reduction efforts that the scientific community believes is necessary to stabilize the climate.

Nevertheless, the court simply disagreed with the Attorney General that the RTP EIR ignored the Executive Order when the RTP EIR disclosed it would have a significant and unmitigated GHG impact in 2050 based on the different significance thresholds SANDAG utilized. The court noted the following:

  • The Executive Order was explained in the GHG analysis as part of the regulatory framework for GHG;
  • The 2050 goal was noted in the EIR in the course of SANDAG explaining why it chose not to use the target as a measure of significance;
  • The EIR disclosed the total project emissions in 2050 (33.65 MMT CO2e) and compared them to the existing condition level in 2010 of 28.85 MMT CO2e and therefore concluded the RTP would have a significant impact.

Given these facts, the court held that even if the EIR could have presented the information more clearly, the information was still presented "in a manner calculated to adequately inform the public and decision makers, who may not be previously familiar with the details of the project." The court believed"[i]t was not difficult for the public reading the EIR to compare the upward trajectory of projected greenhouse gas emissions under the Plan for 2020 through 2050 with the Executive Order's goal of reducing emissions to 80 below 1990 levels by 2050." The court found that "SANDAG did not abuse its discretion in declining to adopt the 2050 goal as a measure of significance in light of the fact that the Executive Order does not specify any plan or implementation measure to achieve its goal. Neither the Attorney General nor the other plaintiffs point to any guidance as to how the 2050 goal translates into specific reduction targets broken down by region or sector of emissions-producing activity."

The court accepted SANDAG's claim that "there are presently no reliable means of forecasting how future technological developments or state legislative actions to reduce greenhouse gas emissions may affect future emissions in any one planning jurisdiction...Lead agencies can only guess how future technical development or state (or federal or international) actions may affect emissions from the myriad of sources beyond their control." Accordingly, based on the information available to SANDAG at the EIR's certification in 2011, the potential impacts in 2050 from future development were too speculative to evaluate. The court sympathized with SANDAG stating, "It is not clear what additional information SANDAG should have conveyed to the public beyond the general point that the upward trajectory of emissions under the Plan may conflict with the 2050 emissions reduction goal." Nevertheless, as CEQA practitioners are aware, the case for why an impact is too speculative to evaluate can be made only "after thorough investigation." (CEQA Guidelines 15145.) Accordingly, the court cautioned SANDAG and other lead agencies that its holding does not mean that this analysis can serve as a template for future EIRs because "as more and better data become available, analysis of the impact of regional transportation plans on greenhouse gas emissions will likely improve."

Indeed, five years after the 2010 RTP was adopted, SANDAG adopted its 2015 RTP. The court noted that the latter "reflected additional certainty regarding the regulatory environment, including future projections on renewable energy, building efficiency, water conservation, and solid waste diversion." The court further noted that the state's adoption of SB 32 setting a statewide interim threshold of reducing GHG emissions to 40% below 1990 levels by 2030 and the California Air Resources Board had been charged with crafting regulations to implement that goal. The court predicted this "regulatory clarification, together with improved methods of analysis, may very well change the manner in which CEQA analysis of long-term greenhouse gas emission impacts is conducted." The court affirmed that "planning agencies like SANDAG must ensure that CEQA analysis stays in step with evolving scientific knowledge and state regulatory schemes." The court's final conclusion thus cautions lead agencies that they cannot necessarily rely on the 2010 RTP EIR's significance thresholds to satisfy a future RTP EIR's long-term GHG analysis.

Lessons Learned and Reaffirmed:

In this author's opinion, the court's decision to issue a limited opinion is a bit ironic. SANDAG had already replaced the 2010 RTP with a 2015 RTP that discussed the Executive Order prior to the Supreme Court taking the case. However, the court agreed the controversy was not moot because the case presented "an important issue of law that is likely to recur yet evade review because of the short period of time between adoption of a RTP and adoption of a successor plan." If the court anticipates the issue will recur, but the opinion is limited to the SANDAG 2010 RTP EIR, then what guidance does the case truly provide to CEQA practitioners and lead agencies on how to analyze long-term GHG emissions? Although less obvious than in other Supreme Court opinions, here are some practical lessons learned from the opinion, as well as some unanswered questions:

1) It is wise for lead agencies to express GHG analysis in terms of compliance with CEQA Guidelines section 15064.4. SANDAG's three significance thresholds essentially followed the three factors for assessing GHG significance found in CEQA Guidelines 15064.4(b), which state the following:

  1. The extent to which the project may increase or reduce greenhouse gas emissions as compared to the existing environmental setting;
  2. Whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project; and
  3. The extent to which the project complies with regulations or requirements adopted to implement a statewide, regional or local plan for the reduction or mitigation of greenhouse gas emissions.

The court stressed that "Whether or not any one method, by itself, would have provided sufficient analysis, we conclude that these three methods together adequately informed readers of potential greenhouse gas emission impacts."

SANDAG appears to have benefitted from disclosing its project impacts in 2020, 2035, and 2050, compared to the existing baseline pursuant to 15064.4(b)(1). The Supreme Court was able to make the connection between this emissions level disclosure and information about how the Executive Order fits into the regulatory background in order to understand why SANDAG concluded its GHG impacts were significant and unmitigated in 2050 and what the environmental consequences were.

Additionally, SANDAG appears to have benefitted from focusing its analysis on the project's consistency with applicable GHG reduction plans pursuant to CEQA Guidelines 15064.4(b)(3). While the court held that the Executive Order was not a GHG reduction plan and therefore not grounds for ignoring the Executive Order, the court also affirmed that SANDAG exercised careful judgement when it selected consistency with GHG reduction plans as one of its three GHG thresholds of significance. Moreover, the court stated that the Executive Order did not contain any regional or sector specific targets to guide SANDAG so it was proper for SANDAG to simply disclose the 2050 emissions level. CEQA practitioners learned in the recent case Center for Biological Diversity v. California Dept. of Fish and Wildlife (2015) 62 Cal. 4th 204, 225-228, that the Supreme Court is wary of statewide targets and values regional and sector specific targets, which are often features in a GHG reduction plan.

2) It is wise for lead agencies to at least discuss the Executive Order in an EIR's regulatory background section and the consequences experts believe will come from the State's failing to stabilize GHG emissions at 450 ppm by 2050.

3) It is wise for lead agencies to disclose whether a project subject to long-term GHG analysis has an upward trend in emissions from 2020 to 2050 or a downward trend in emissions. The RTP's upward trend in GHG emissions caused SANDAG to conclude impacts in 2035 and 2050 were significant and unmitigated, but most development projects have a downward trend because new GHG-reducing regulations go into effect after 2020, thus further reducing a project's GHG impacts. The Supreme Court's opinion cautions lead agencies to continue to refine its GHG analysis as regulations and methods of analysis advance. It noted that SANDAG's new 2015 RTP EIR "was able to account for many factors in the GHG inventories that were not accounted for in 2011, reflecting "additional certainty regarding the regulatory environment, including future projects of renewable energy, building energy efficiency, water conservation programs, and solid waste diversion." One way to do so is to disclose how implementation of future regulations will affect the level of GHG emissions from a project, to the extent it can be measured by a methodology the agency believes is appropriate. The Supreme Court's opinion clearly does not require a lead agency to engage in speculation about a future regulation's impact, but does caution agencies to keep up with modeling devices that can measure such impacts. Most GHG consultants working in California are well-versed in identifying which regulatory measures can be quantified and which ones cannot by various GHG modeling programs.

4) It is wise for a lead agency to document why it believes an impact is too speculative to evaluate in the context of long term GHG impacts. In this case, the Supreme Court acknowledged the seemingly obvious speculative nature of long-term GHG analysis based on information available to SANDAG in 2010. That is not always the case, however, even for other projects approved in this same time period.

Lead agencies influenced by the Attorney General's litigation against agencies who adopt long term planning documents sometimes invite more litigation by over-promising. The trial court and court of appeals that decided this case also decided at the same time Sierra Club v. County of San Diego (2014) 231 Cal. App. 4th 1152. In that case, the County's General Plan committed to achieving long range GHG reduction targets found in Executive Order S-S-05, but its climate action plan failed to adequately document why it was too speculative to analyze mitigation measures beyond 2020 and failed to commit to mitigation measures despite commitment to its climate action plan. Our prior analysis of this decision can be found here.

Of note, while SANDAG successfully appealed the court of appeals decision and found the Supreme Court receptive to SANDAG's plea that a detailed long-term GHG analysis was too speculative, the County, on the other hand, opted to commence revision of its climate action plan in accordance with the court of appeals decision. Its reward for doing so was a second lawsuit from the Sierra Club, in which the trial court recently enjoined the County from adopting any interim GHG threshold that is not based on the climate action plan and chastised the County for not processing its new climate action plan quickly enough. For all the trouble the County General Plan's commitment to developing a climate action plan has caused the County, and since CEQA does not mandate a lead agency adopt a climate action plan, other jurisdictions may decide they are better off simply making GHG significance determinations on a project-by-project basis, rather than attempting to approve a climate action plan.

Unanswered Questions:

1) Is a long-term GHG analysis required for projects that do not have a planning horizon that spans 2050? A regional transportation plan need only be for 20 years. SANDAG chose a 40 year planning horizon spanning 2010 to 2050, causing SANDAG to disclose GHG impacts in 2050 compared to the existing baseline in 2010. Under guidance from some regional air quality boards, a project's GHG construction emissions are often amortized over the operational life of the project, which is typically 30 years. (South Coast Air Quality Management District, Greenhouse Gas Significance Thresholds, December 5, 2008.) Accordingly, unless an lead agency is analyzing a project with an explicit planning horizon that spans 2050, then do lead agencies have any obligation to evaluate GHG emission impacts in 2050? Is a 2050 analysis something lead agencies should only start analyzing on common development projects in 2020?

2) The Supreme Court remanded the case to the court of appeals for proceedings consistent with its opinion, but also noted that it did not grant review or express an opinion on issues such as whether SANDAG greenhouse gas emission mitigation measures were inadequate. SANDAG's conclusion that its 2050 impacts were significant and unmitigated caused SANDAG to impose partial mitigation measures it believed were feasible, but was punished for doing so when the court of appeal found those measures inadequate. However, the Supreme Court affirmed that it was too speculative to further analyze the RTP's 2050 GHG impacts. CEQA Guidelines 15145 states, that "[i]f, after thorough investigation, a lead agency finds that a particular impact is too speculative for evaluation, the agency should note its conclusion and terminate discussion of the impact." If SANDAG was entitled to terminate the discussion of the impact, then does a lead agency need to draw any significance conclusion once it has made a "too speculative" finding and does a lead agency need to impose any partial mitigation?

Conclusion

In the author's opinion, the Supreme Court missed an opportunity to grant review and provide guidance on key issues that will likely recur. However, the case still provides some guidance on addressing long-term GHG emissions. Many lead agencies and GHG consultants are already adept at analyzing GHG emissions in accordance with CEQA Guidelines 15164.4 by (a) disclosing GHG emission compared to the existing baseline, (b) substantiating the GHG threshold selected by the lead agency, and (c) analyzing consistency with applicable GHG reduction plans. Furthermore, they are skilled at updating the GHG modeling tools to reflect the impacts of new GHG-reducing regulations to the extent quantifiable. Additionally, lead agencies commonly disclose the Executive Order and the environmental impacts that experts believe will result if emissions levels are not stabilized.

It is clear that lead agencies struggle to analyze the significance of GHG impacts in their long-term planning documents and courts struggle to decide how much analysis is enough. Because general plans, climate action plans, and regional transportation plans have to be regularly updated and agencies are mindful of their duty to be stewards of the environment, successive versions of long-range planning documents will establish clearer and stricter GHG reduction measures on their own as local, state and federal regulations are implemented and the ability to measure the GHG reductions that follow are improved. The pursuit of the perfect GHG reduction plan via litigation has become the enemy of the good when it halts the implementation of GHG reduction plans with built-in mechanisms for continual improvement. CEQA Guidelines 15183.5 (b)(1)(E) states, "[a] plan for the reduction of greenhouse gas emissions should...[e]stablish a mechanism to monitor the plan's progress toward achieving the level and to require amendment if the plan is not achieving specified levels."

Finally, this decision comes approximately a year and a half after the decision in Center for Biological Diversity v. California Dept. of Fish and Wildlife, supra, where the Supreme Court chose not to defer to a public agency's judgment that the Business-As-Usual methodology was an appropriate significance threshold. Here, the Supreme Court deferred to the reasonable judgement of SANDAG in combining three factors into a significance threshold, but immediately limited the scope of its opinion and warns that use of the significance threshold may not be upheld in the future. Combined Sierra Club v. County of San Diego, Center for Biological Diversity v. California Dept. of Fish and Wildlife, and now Cleveland National Forest Foundation, et al. v. San Diego Association of Governments assure that GHG analysis will remain subject to legal and regulatory uncertainty for years to come.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Events from this Firm
19 Oct 2017, Webinar, Los Angeles, United States

Please join Oliver Wyman and Sheppard Mullin for an upcoming webinar to discuss the critical topic of pharmacy value. "Driving Value in Pharmacy: How the Industry Can and Must Deliver Change" will highlight where the industry can and must evolve to bring needed relief to consumers and improve health.

19 Oct 2017, Webinar, Los Angeles, United States

Stay tuned on the latest developments in Europe that may affect your business and join Sheppard Mullin’s Antitrust & Competition “Breakfast with Europe” drive-time webinars, bringing you up to speed on what you need to know about the month back, the present and month forward in European competition law developments.

24 Oct 2017, Seminar, Los Angeles, United States

Presented by The American Bar Association White Collar Crime Committee.

 
In association with
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.