Cecily T. Barclay

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California Environmental, Energy, Resources & Land Use




On March 25, 2014, the Environmental Protection Agency and the Army Corps of Engineers jointly released a proposed rule to define those waters that fall under the jurisdiction of the Clean Water Act as “waters of the United States.”


On March 13, the Ninth Circuit issued its long-awaited decision in the latest round of the delta smelt litigation, upholding the 2008 Biological Opinion prepared by the U.S. Fish & Wildlife Service for the combined operations of the Central Valley Project and the State Water Project.


The published court decisions in 2012 reflected a heightened recognition that CEQA does not require perfection, but rather a reasonable effort to provide environmental information that actually will be useful to agency decision-makers. This trend continued for the most part in 2013, with a number of cases emphasizing the discretion afforded to lead agencies when conducting CEQA reviews.


The California Energy Commission (CEC) recently issued updated regulations for its new Nonresidential Building Energy Use Disclosure Program.  The updated regulations provide practical guidance to building owners for complying with the Disclosure Program. 


The Environmental Protection Agency and the Army Corps of Engineers have presented a draft of joint regulations under the Clean Water Act to the Office of Management and Budget for an internal governmental review.


In a case seeking to compel the Washington State Department of Ecology and two regional agencies in the State of Washington to regulate greenhouse gases under the Clean Air Act, the Ninth Circuit ruled that the environmental organizations that brought the lawsuit lacked standing to sue under Article III of the United States Constitution.