Category Archives: Global Climate Change

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The Truth About Proposition 23: Is it a “California Jobs Initiative” or a “Dirty Energy Proposition”…or Neither?

By Greg Woodard and Jim Pugh On November 2, 2010, Californians will cast a vote on Proposition 23 (the "California Jobs Initiative") and decide whether or not to suspend AB 32, also known as the "Global Warming Solutions Act of 2006." The legislature enacted AB 32 with the intention of establishing California as a national … Continue Reading

A Brief Overview of the Recent Amendments to CEQA Guidelines

By Brenna Moorhead On December 29, 2009, the California Natural Resources Agency ("Resources Agency") adopted amendments to the guidelines implementing the California Environmental Quality Act ("CEQA").  The amendments were filed with the Secretary of State on February 16, 2010 and will assist lead agencies in complying with CEQA’s existing requirements when analyzing and mitigating the … Continue Reading

U.S. Fish and Wildlife Service Seeks Public Comment on Proposed Strategic Climate Change Plan

By Robert Uram and Robyn Christo The United States Fish and Wildlife Service (the "Service") is accepting public comments through November 23, 2009, on its proposed Strategic Plan for Climate Change ("Strategic Plan") and accompanying 5-Year Action Plan ("Action Plan"). Both Plans are part of the Department of the Interior’s (the "Department’s") commitment to organizing a … Continue Reading

California Governor Signs S.B. 827 into Law; South Coast Air Quality Management District Now Permitted to Continue Emissions Trading Program

By Misti M. Schmidt In 2008, a superior court judge placed a moratorium on certain aspects of the emissions trading program administered by the South Coast Air Quality Management District ("District"), instructing the District to complete an environmental impact report regarding its 2007 amendments to District Rule 1315 and District Rule 1309.1. See Natural Resources … Continue Reading

The EPA Uses the Clean Air Act to Propose New Rules Intended to Reduce GHG Emissions from Large Emitters

In a move certain to fuel the debate over climate change legislation in Congress, the U.S. Environmental Protection Agency (the “EPA”) recently revealed a new proposal to regulate greenhouse gas (“GHG”) emissions from power plants, factories and refineries, which are considered large GHG emitters.  The regulations being developed would, for the first time, require the … Continue Reading

2nd Circuit Allows Public Nuisance Suit Against Greenhouse Gas Emitters

Connecticut v. American Electric Power Company Inc., ____F.3d ____, No. 05-5104 (2nd Cir. 2009) By James Rusk States and private plaintiffs may sue utility operators under the federal common law of nuisance to abate carbon dioxide ("CO2") emissions that contribute to global warming, the Second Circuit Court of Appeals held this month. Although the 139-page opinion appears … Continue Reading

A State At Risk Attempts to Adapt to Climate Change

By Brenna Moorhead The California Natural Resources Agency (CNRA) led twelve state agencies in preparing the Draft California Climate Adaptation Strategy. The Strategy responds to the mandates of Executive Order S-13-08, which called for development of an adaptation strategy for addressing climate change. Consistent with the Order, the Strategy summarizes the best known science on … Continue Reading

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