California Court of Appeal
California Courts Foil Westlands Water District’s Grinch-Like Water Grab
Westlands’ Efforts to Permanently Privatize California Water Opposed by Unique Coalition & Rejected by Skeptical Judges
While there’s a great deal that’s dysfunctional and downright wrong about water law and policy in California, occasionally there are positive developments to report. So it’s most satisfying to end 2023 with some good news regarding water in the Golden State. This is the saga of how the Westlands Water District tried to privatize a …
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CONTINUE READINGGuest Blogger John Graham: California Court Decision Will Affect Future Use of Carbon Offsets to Mitigate Emissions of Development
The California Court of Appeal Rules San Diego County’s Climate Action Plan Violates CEQA
The challenge to San Diego County’s Climate Action Plan (“CAP”) in Golden Door has been closely watched by many interested in the use of carbon offsets to mitigate GHG impacts in California. Simply put, carbon offsets are mechanisms that reflect off-site GHG reductions—from activities like reforestation—that can, in some cases, compensate for a project’s GHG …
CONTINUE READINGCalifornia Appellate Court Hears Arguments in Cap-and-Trade Program Challenge
Court of Appeal Justices Appear Inclined to Reject Industry’s Constitutional Attack on State’s Cap-and-Trade Auction System
On Tuesday, the California Court of Appeal in Sacramento heard oral arguments in the most formidable legal challenge to the State of California’s ambitious, multifaceted efforts to reduce greenhouse gas emissions. That challenge takes the form of two cases, consolidated on appeal: California Chamber of Commerce v. California Air Resources Board and Morning Star Packing v. California Air …
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CONTINUE READINGCalifornia Court of Appeal Upholds AB 32 Scoping Plan for Greenhouse Gas Reduction
Today, the California Court of Appeal rejected an appeal by environmental justice advocates seeking to scuttle the California Air Resources Board’s AB 32 Scoping Plan. EJ advocates objected to the Scoping Plan’s adoption of a cap-and-trade program to achieve some of the greenhouse gas reductions required under the landmark California law AB 32. Their primary …
CONTINUE READINGThe California Supreme Court examines technology-based air quality emissions standards
The California Supreme Court granted review last week in a potentially important environmental case, National Paint and Coatings Association v. South Coast Air Quality Management District. The opinion of the Court of Appeal – certainly among the most colorfully-written appellate opinions I’ve ever read, and worth checking out for that reason alone – held that the …
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