Project Development & Permitting Practice
Issue Alerts
Weekly Climate Policy Update - December 21, 2007
Kyle Danish, Andrea Hudson, Shelley FidlerDecember 21, 2007
This week, President Bush signed an energy bill that significantly increases fuel economy standards for cars and light trucks, mandates greater biofuels production, and creates efficiency standards for buildings. Although the bill was not as comprehensive as earlier versions – which included a renewable portfolio standard and tax incentives for renewable energy production – it addresses a number of energy issues facing the U.S. The enactment of the bill and its increased fuel economy standards also contributed to EPA’s landmark decision to deny California’s request for a waiver to implement its vehicle CO¬2 emission standards. The denial marks the first time that EPA has denied such a waiver and sets the stage for a showdown between the state and the agency. The denial, and EPA’s reasoning for denying the waiver, may have important implications for the future of GHG regulation at the agency.
Weekly Climate Change Policy Update - November 9, 2007
Andrea Hudson, Kevin Gallagher, Kyle DanishNovember 9, 2007
Presidential politics are starting to complicate Chairman Boxer's goal of passing a version of the Lieberman-Warner bill out of her Senate Environment & Public Works Committee before the Bali negotiating conference in mid-December. Senator Hillary Clinton has outlined her preferences for a cap-and-trade bill and her preferences add up to something far more aggressive than Lieberman-Warner.
Weekly Climate Change Policy Update - November 2, 2007
Andrea Hudson, Kyle Danish, Shelley FidlerNovember 2, 2007
A Senate Environment and Public Works Subcommittee approved the Lieberman-Warner climate change legislation in a 4-3 vote. This milestone marks the first time that a Congressional committee has reported economy-wide climate change regulatory legislation and, in many respects, marks the official beginning of a long and arduous effort to enact such legislation.
Weekly Climate Change Policy Update - September 28
Andrea Hudson Campbell, Kyle W. Danish, Shelley N. FidlerSeptember 28, 2007
International climate talks at the United Nations and in Washington were top news items this week. House Commerce Committee Chairman John Dingell introduced a carbon tax bill, and several notable energy efficiency and climate change commitments were made at the Annual Meeting of the Clinton Global Initiative. Read more about these and other developments in this week's edition.
Federal District Court Declares Washington Tribes’ Treaty Fishing Right Requires the State of Washington to Refrain from Building or Operating Culverts that Block Fish Passage
Matthew Love, Ivy Anderson, Tyson KadeAugust 29, 2007
The U.S. District Court for the Western District of Washington issued a summary judgment order declaring that the Western Washington Tribes’ treaty right of taking fish imposes a duty upon the State of Washington to refrain from building or maintaining any culverts that block anadromous fish migration.
Articles
Colorado River Management Plan Update
Jonathan SimonThe Grand Canyon River Runner
May 2008
On January 11, 2008, nearly a month and a half after the federal district court in Arizona wholly rejected their challenge to the new Colorado River Management Plan issued by the National Park Service (NPS) in February 2006, the plaintiffs in that lawsuit appealed that court's ruling to the Ninth Circuit Court of Appeals. While the NPS and other stakeholders hoped that the court's decision would provide a basis for the agency to move forward and work with all user groups in continuing to implement the new plan, the appeal ensures that the underlying issues will remain mired in controversy before the courts for some time to come.
Colorado River Management Plan Update
Colorado River Management PlanJonathan Simon
The Grand Canyon River Runner
November 1, 2007
In February 2006, the NPS issued a new CRMP that revised and updated the previous river management plan developed in 1980 and revised in 1981 and 1989.