November 2013

Agencies promulgating regulations under a certified regulatory program may not bypass CEQA’s environmental review procedures by approving the regulations prior to completion of the environmental review.   POET LLC v. California Air Resources Board, 218 Cal. App. 4th 681 (2013).  However, the decision in POET demonstrates that a court has discretion to consider the regulations’ environmental

In the face of mounting public pressure to address the potential perils of hydraulic fracturing, California has embarked upon a multi-faceted program to strengthen its oil and gas regulations, perform comprehensive environmental studies, and increase public disclosure.  On November 15, 2013, the Department of Conservation published two notices seeking comments on steps it is taking

Yes, according to a recent decision by a California court of appeal.  The court held that CEQA does not allow a city council to delegate certification of an Environmental Impact Report to a planning commission, where the council is the decision-maker on the project.  The court further ruled that, where such a delegation occurs, the

Do environmental groups have standing to sue to force state agencies to regulate greenhouse gas emissions under the Clean Air Act?  In a case decided on October 17, the Ninth Circuit said no.  Washington Environmental Councilv. Bellon, No. 12-35323 (9th Cir. Oct. 17, 2013).

The plaintiffs argued that several governmental agencies in Washington State