The Climate Change Corner
The attorneys of Wendel Rosen have been tracking climate change issues and educating clients on regulatory and legal issues through articles and programs in this area for years. The Climate Change Corner offers updates and information related to climate change in California. You can see what's been happening historically by reviewing some of the links in the Archive section at the bottom of this page. We'll post new developments to this page as they arise.
December 4, 2012
Wendel Rosen is hosting the Air & Waste Management Association for a program entitled "California's Cap & Trade Program -- Lessons Learned & Results from the November Auction." The program will be held on December 12 in the firm's conference center. Environmental partner Jonathan Redding will serve as moderator. Pre-registration by December 10 is required. For more information view the event posting for "California's Cap & Trade Program -- Lessons Learned & Results from the November Auction."
October 29, 2012
In a decision on September 21, 2012, the Ninth Circuit Court of appeals decision in Village of Kivalina v. ExxonMobil Corp. affirmed dismissal of an Alaskan village's suit seeking monetary damages for the threat of being swamped by rising sea levels caused by climate change. Read more about the decision in the article "September Surprise — Ninth Circuit Roils Environmental Law." By Bruce Flushman
October 24, 2012
AB 32 Case in Limbo: A panel of three judges considering a challenge to California's new low carbon fuel standard lost one of it members, Judge Betty Binns Fletcher, who died Monday at the age of 89. The low carbon fuels standard is intended to lower the carbon intensity of transportation fuels by about 10 percent by 2020 and is a critical facet of A.B. 32, California’s climate change law. While the 9th Circuit panel has recently heard arguments, a new judge must now be appointed to the panel. The judge will be drawn at random. There are a number of options available: the parties could be requested to reargue the case or the new judge could rely on the oral argument video and the parties’ briefs. In all events, the dynamic of the panel will change, which could affect the outcome.
Those challenging the standard, out-of-state ethanol producers and oil refiners, claim the low carbon fuel standard violates the Commerce Clause of the Constitution by imposing a burden on interstate commerce. By Bruce Flushman
Climate Change Corner Archives
November 11, 2009: "Legislative and Regulatory Updates, Analysis and Comment"
September 24, 2009: "New Court Decision — GHG Emitters Liable Under Federal Nuisance Law"
September 17, 2009: "BAAQMD District GHG Thresholds of Significance Will Have Wide Impact"
June 26, 2009: Supplemental information related to Wendel Rosen climate change seminar "Agencies Give Guidance" on AB 32 and SB 375, with speakers from Sierra Nevada Air Consulting, Metropolitan Transportation Commission (MTC) and the Bay Area Air Quality Management District (BAAQMD)
May 20, 2009: Cap & Trade Seminar Program Materials includes PDF of the presentation given by speakers from the Air Resources Board, Sierra Nevada Air Quality Group and Wendel Rosen.
April 2008: "On the Cutting Edge: Recent Climate Change Developments" discusses the California Building Industry Association's challenge to the San Joaquin Valley Air Quality Management District "indirect source" regulation, Rule 9510, which was overturned by a Fresno County Superior Court in February 2008.