Newsletter Articles

New Research Predicts the Future of California’s Carbon Market

March 21, 2013

Introduction

Beginning in 2013, large emitters of greenhouse gas in certain sectors in California (“Covered Entities”) must comply with the requirements of California’s cap-and-trade under the Global Warming Solutions Act of 2006 (“AB 32”), including retiring compliance instruments (allowances or offsets) equal to their carbon emissions. More »

Ninth Circuit Limits Recovery of Insurance Payments under CERCLA

March 21, 2013

The United States Court of Appeals for the Ninth Circuit recently held that an insurance company cannot recover insurance payments made to a policyholder under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), unless the policyholder first pursues a separate claim to recover environmental response costs from other potentially responsible parties (PRPs).< More »

Unanimous House Vote Highlights Potential of Small Hydroelectric Projects

March 7, 2013

On February 13, the House of Representatives passed H.R. 267, the Hydropower Regulatory Efficiency Act of 2013. The House’s 422-0 vote was an encore for the bill, which unanimously passed the House in 2012 but did not come to vote in the Senate before the close of the 112th Congress. More »

Energy and Environmental Bills Before Washington, Oregon and California Legislatures

March 6, 2013

California, Oregon and Washington are in the midst of their 2013 legislative sessions. In this article, we summarize select bills relating to energy and the environment that could broadly affect business and industry in these Western states. More »

California Faces More Litigation over AB 32

February 26, 2013

Introduction

In a recent issue, we discussed the implications of the latest court decision in Citizens Climate Lobby and Our Children’s Earth Foundation v. More »

Voluntary Cleanup Held to Trigger Right of Indemnity Under Military Base Closure Act

February 26, 2013

The Defense Department has closed dozens of bases and other federal facilities in the past twenty years and is likely to close many more over the next several years as part of the belt-tightening needed to reduce the federal deficit. Many of these former facilities have been redeveloped. More »

EPA Cannot Regulate Stormwater Flow, Only Pollutants in Stormwater

February 20, 2013

In a case of first impression, a federal court held last month that the Environmental Protection Agency (“EPA”) cannot regulate storm water flow in setting a total maximum daily load (TMDL) for impaired waters under the Clean Water Act (“CWA”).[1] The court found that EPA can only issue TMDLs for actual pollutants. More »

EPA Finalizes Hazardous Air Emission Rules for Boilers and Process Heaters Affecting 90,000 Facilities

February 20, 2013

EPA’s standards for hazardous air emissions from boilers and process heaters, commonly referred to as “Boiler MACT,” were formally published on January 31, 2013.[1] Boilers and heaters that were constructed after June 4, 2010 must meet the new requirements immediately; older units must come into compliance over the next three years, unless cont More »