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Clean Air Act: Ninth Circuit Adopts High Bar For Standing In Greenhouse Gas Citizen Suits

February 10, 2014

The Ninth Circuit has let stand a ruling that could sharply limit the availability of Clean Air Act citizen suits to address greenhouse gas (GHG) emissions, denying en banc review in Washington Environmental Council v. More

Split in Washington State Climate Workgroup Recommendations Shows Challenges in Moving Climate Policy Forward

January 27, 2014

Washington’s Climate Legislative and Executive Workgroup issued majority and minority reports on January 21, 2014, with a party line split on the direction the State should take to reduce its greenhouse gas emissions. More

Recent Developments Regarding Avian Take at Wind Farms

January 27, 2014

A series of recent announcements from the federal government related to avian “take” at wind farms demonstrates the need for wind project proponents to coordinate with the Department of the Interior (Interior) and other agencies early in the development of new wind projects to mitigate potential impacts to eagles and other migratory birds. More

MTCA: Washington State Amends Its Cleanup Law

December 1, 2013

Earlier this year, Washington State enacted the most comprehensive rewrite of its state cleanup law in a decade.[1] The amendments to the Model Toxics Control Act (MTCA), Substitute Senate Bill (SSB) 5296, are aimed at expediting and streamlining routine cleanups, incentivizing and assisting regional development efforts in brownfield areas, overhauling the a More

Climate Change: Carbon Market Improves in California as Offsets Are Issued, Auctions Are Upheld

December 1, 2013

The “cap-and-trade” system enacted under California’s Global Warming Solution Act of 2006 (“AB 32”) aims to reduce greenhouse gas (“GHG”) emissions in that state to 1990 levels by the year 2020. Two developments in the last month have moved the cap-and-trade system closer to becoming fully operational. More

Sackett: Successful Pre-Enforcement Challenge Brought to CWA Order

November 18, 2013

Just a year and a half ago, the U.S. Supreme Court struck down the bar on pre-enforcement review of EPA Clean Water Act (“CWA”) enforcement orders in Sackett v. EPA.[1] Government and industry lawyers have been debating the significance of that decision ever since. More

Climate Change: EPA Releases Revised Proposed Regulations for Carbon Dioxide Emissions from Power Plants

November 18, 2013

Earlier this fall, EPA released controversial proposed regulations aimed at reducing carbon dioxide (CO2) emissions from newly-constructed coal- and natural gas-fired power plants via the Clean Air Act’s New Source Performance Standards (NSPS) program. More

Water Law: Ninth Circuit Dismisses Environmental Group’s Suit to Compel State to Issue Permits for Federal Water Diversions

November 17, 2013

The U.S. Court of Appeals for the 9th Circuit recently dismissed an environmental group’s water resources suit against the U.S. Department of Interior on grounds that the group lacked standing to compel enforcement through the courts because they did not have any rights to the water they sought to have the courts prevent the U.S. More