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Publications
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04.08.2024CAISO Releases Ambitious 2023-2024 Transmission Plan To Address State’s Climate GoalsUpdatesCalifornia Independent System Operator released its draft 2023-2024 Transmission Plan on April 1, 2024. As expected, the 2023-2024 Plan incorporates projections for significant new generation of renewable energy and plans for major new transmission projects to carry the additional energy.
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01.29.2024BLM Proposes Updated Plan To Streamline Solar Development in the WestUpdatesThe U.S. Bureau of Land Management announced in January 17, 2024, the publication of its draft Programmatic Environmental Impact Statement to help streamline and accelerate utility-scale solar energy development on public lands throughout the West.
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12.21.2023BOEM Announces Regional Environmental Analysis of Floating Wind Energy Development Offshore CaliforniaUpdatesThe Bureau of Ocean Energy Management published on December 20, 2023, its notice of intent to prepare a Programmatic Environmental Impact Statement of reasonably foreseeable impacts of floating offshore wind energy development activities on the five leased areas offshore Humboldt County and Morro Bay, California.
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04.04.2023Women Law Partners Achieve Landmark Majority at Perkins CoieArticlesLaura Zagar, managing partner at Perkins Coie, shares how her law firm has successfully elevated female leaders to achieve a majority of women partners in its San Francisco office.
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01.19.2023Keeping Pace: Aligning California’s Phase-Out of Gas Cars With the Charging Infrastructure RequiredArticles
Santa Clara Business Law Chronicle
When you put it that way, California’s new plan to phase out gas-powered cars by 2035 hits differently—the transition is real and will accelerate soon.
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12.08.2022BOEM Conducts First-Ever California Offshore Wind Lease SaleUpdatesOn December 6–7, 2022, the Bureau of Ocean Energy Management (BOEM) held its third offshore wind lease sale this year—and the first of its kind for floating wind—bringing in $757.1 million from five lease areas off the central and north coasts of California.
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11.18.2022FERC Approves License Surrender for the Lower Klamath ProjectUpdatesOn November 17, 2022, the Federal Energy Regulatory Commission issued an order approving the surrender of the FERC license for the Lower Klamath Project.
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10.20.2022BOEM Releases Final Sale Notice for California Offshore Wind Lease SaleUpdatesThe Bureau of Ocean Energy Management (BOEM) issued its Final Sale Notice (FSN) on October 18, 2022, for the first offshore wind energy leases on the west coast of the United States.
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09.07.2022California Seeks To Curb Declining Water Supply With New Executive ActionsUpdates
Governor Gavin Newsom announced a revamped water strategy on August 11, 2022, in response to updated projections that California could witness a 10% reduction in water supply by 2040 due to the accelerated impacts of climate change.
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07.18.2022California Expands Energy Commission’s Jurisdiction to Bolster Clean Energy DevelopmentUpdatesGov. Newsom signed AB 205 into law on June 30, 2022, a legislative effort that significantly expands the California Energy Commission’s jurisdiction and encourages the development of new clean energy projects.
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06.16.2022California Court Rules Bees Can Be Listed Under the California Endangered Species ActUpdatesIn a notable decision interpreting the California Endangered Species Act, a California court of appeal ruled that insects are eligible for listing as threatened, endangered, or candidate species under the act.
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06.08.2022BOEM Proposes First Ever West Coast Offshore Wind Lease SaleUpdatesThe Bureau of Ocean Energy Management published its Proposed Sale Notice on May 31, 2022, for what would be the first ever offshore wind energy leases on the west coast of the United States.
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12.16.2021Opportunities and Challenges in Biden’s Plan for a Zero-Carbon Federal Government by 2050President Biden signed an executive order on December 8, 2021, directing the federal government to use its scale and procurement power to slash its carbon emissions by 65% by 2030 and achieve net-zero emissions by 2050
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12.16.2021The Biden Administration’s Plan for a Zero-Carbon Federal Government by 2050UpdatesPresident Biden signed an executive order on December 8, 2021, directing the federal government to use its scale and procurement power to slash its carbon emissions by 65% by 2030 and achieve net-zero emissions by 2050.
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09.29.2021California Commits $15 Billion to Fighting Climate ChangeUpdatesGovernor Gavin Newsom signed a $15 billion legislative package on September 23, 2021, funding efforts to combat climate change in California over the next three years.
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05.10.2021US Fish and Wildlife Service Proposes to Revoke Recent MBTA Final RuleUpdatesThe U.S. Fish and Wildlife Service has issued a proposed rule to revoke its January 7, 2021, final rule, which had determined the Migratory Bird Treaty Act prohibits only the intentional take of migratory birds, and not incidental and unintentional take associated with development activities or project operations.
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04.06.2021Now Is the Time to Double Down in Support of Women LawyersArticles
The Recorder
It’s no secret that women, particularly women of color, have for decades faced tremendous hurdles when it comes to achieving equal opportunities and compensation in the legal industry. -
03.31.2021Expect Significant Investments in Water InfrastructureUpdatesPresident Biden’s Build Back Better initiative includes extensive investment in drinking water, wastewater, and stormwater systems with the hope of upgrading aging infrastructure, making it more resilient in the face of climate change, and addressing historical inequities.
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07.14.2020Supreme Court Revives Clean Water Act General Permit for Pipeline and Utility Line ProjectsUpdatesThe U.S. Supreme Court delivered near-term relief to project developers on June 6, reinstating one of the U.S. Army Corps of Engineers’ key nationwide Clean Water Act permits.
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06.22.2020CPUC Adopts Short-Term Actions to Accelerate Microgrid DeploymentUpdatesThe California Public Utilities Commission (CPUC) on June 17, 2020, issued its Decision Adopting Short-Term Actions to Accelerate Microgrid Deployment and Related Resiliency Solutions in California.
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01.08.2019Federal Court Requires Additional Environmental Review for Offshore Fracking Off California CoastUpdatesA federal court recently prohibited the U.S. Department of the Interior from approving any plans or permits for offshore fracking off the California coast until it complies with the Endangered Species Act (ESA) and the Coastal Zone Management Act (CZMA).
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12.04.2018California Affirms State Law Prohibition of Incidental Take of Migratory Birds Despite Contrary Federal StanceUpdatesThe California Department of Fish and Wildlife and the California attorney general have jointly issued an advisory regarding California’s state law protections for migratory birds.
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11.29.2018Supreme Court Limits Authority to Designate Critical Habitat Under Endangered Species ActUpdatesIn a unanimous decision with immediate repercussions for the administration of the Endangered Species Act (ESA), the U.S. Supreme Court held that an area is eligible for designation as critical habitat under ESA only if it is also “habitat” for the species within the meaning of the statute.
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Updated 07.25.2018Major Changes Proposed to Endangered Species Act RegulationsUpdatesThe U.S. Fish and Wildlife Service and National Marine Fisheries Service published three proposed rules last week that would revise the regulations implementing portions of the Endangered Species Act.
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06.21.2018CEQ Invites Comments on Potentially Sweeping Changes to NEPA RegulationsUpdatesThe Council on Environmental Quality yesterday issued an advance notice of proposed rulemaking inviting input on potential changes to the CEQ regulations under the National Environmental Policy Act, the federal law that requires environmental impact assessment for projects involving federal funding or other federal approvals.
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04.19.2018Federal Agencies Sign MOU to Require “One Federal Decision” on Major Infrastructure ProjectsUpdatesOn April 9, 2018, the heads of a dozen federal agencies executed a memorandum of understanding on implementation of Executive Order 13807, which directed federal agencies to expedite environmental review and permitting for major infrastructure projects.
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02.15.2018White House Releases Final Proposal to Streamline Infrastructure PermittingUpdatesOn February 12, 2018, the White House released a set of proposals to streamline the federal environmental review process for infrastructure projects.
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01.31.2018White House Proposes to Streamline Environmental Reviews for Infrastructure ProjectsUpdatesThe Washington Post last week reported a leaked White House document that revealed a far-reaching set of proposals to streamline the environmental review process for infrastructure projects.
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01.02.2018Department of Interior Reverses MBTA’s Take Definition in a New Solicitor’s OpinionUpdatesThe U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37050, on December 22, 2017, which adopts the position that the Migratory Bird Treaty Act (MBTA) prohibition on the “taking” or “killing” of migratory birds applies only to deliberate acts intended to take a migratory bird.
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08.24.2017Executive Order Aims to Speed Up Environmental Reviews of Infrastructure ProjectsUpdatesPresident Donald J. Trump issued Executive Order 13807, on August 15, 2017, which is intended to accelerate the environmental review and permitting for infrastructure projects that require an environmental impact statement under the National Environmental Policy Act.
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08.01.2017Should Infrastructure Project Developers Invoke Streamlined Environmental Review Under FAST-41?UpdatesTitle 41 of the Fixing America’s Surface Transportation Act (FAST-41) includes measures to streamline environmental reviews for certain infrastructure projects.
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04.04.2017CA Supreme Court Boosts Plaintiffs’ Challenges to Endangered Species Listing Under CESAUpdatesThe Supreme Court of California recently ruled that under the California Endangered Species Act (CESA), plaintiffs may use a delisting petition, supported by new evidence, to challenge a prior decision by the California Fish and Game Commission to list an endangered species.
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03.06.2017Fish and Wildlife Service Approves New 30-Year Eagle Act RuleUpdatesThe U.S. Fish and Wildlife Service has formally approved the long-awaited, 30-year eagle take rule, which will allow renewable energy companies and other developers of large projects to obtain a 30-year permit (as opposed to the previous five-year permit) for the incidental take of bald and golden eagles.
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03.02.2017Executive Order Signals Federal Clean Water Act Jurisdiction Will Be NarrowedUpdatesIn the latest chapter of the seemingly never-ending controversy over the Clean Water Act’s reach, on February 28, 2017, President Trump signed an executive order directing the U.S. Environmental Protection Agency and the U.S. Army Corp of Engineers to rescind or revise the Obama administration’s 2015 Clean Water Rule.
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01.31.2017DOI Issues Solicitor’s Opinion That MBTA Prohibits Incidental TakeUpdatesThe U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37041 on January 10, 2017, arguing that incidental take is prohibited under the Migratory Bird Treaty Act (MBTA).
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09.15.2016California’s New Climate Change Laws Tighten Limits on GHG, Increase Legislative Oversight of CARBUpdatesCalifornia Governor Jerry Brown signed into law last week two controversial anti-climate change bills that will tighten greenhouse gas (GHG) limits by 40% and increase legislative supervision of the California Air Resources Board (CARB)—the agency responsible for reducing GHG emissions.
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08.30.2016D.C. Circuit Overturns FWS Approval of Wind Farm Due to Bat ConcernsUpdatesThe U.S. Court of Appeals for District of Columbia Circuit recently held that the U.S. Fish and Wildlife Service violated the National Environmental Policy Act by approving an Ohio wind energy project without looking at all reasonable alternatives for reducing deaths to the endangered Indiana bat.
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08.11.2016Ninth Circuit Finds Navy’s Low Frequency Active Sonar Program Violates Marine Mammal Protection ActUpdatesIn NRDC v. Pritzker, the U.S. Court of Appeals for the Ninth Circuit confirmed that the Marine Mammal Protection Act’s (MMPA) incidental take authorizations will be construed narrowly and conservatively, giving the benefit of doubt to marine mammal species.
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08.09.2016EPA Declines to Regulate Forest Road Discharges Under the Clean Water ActUpdatesThe Environmental Protection Agency issued a decision on July 5, 2016, that declined to regulate discharges from forest roads for regulation under Section 402 of the Clean Water Act.
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05.31.2016If At First You Do Not Succeed: Fish and Wildlife Service Tries Again With 30-Year Eagle Act PermitUpdatesOn May 6, 2016, the Fish and Wildlife Service published a proposed rule that would substantially change how the Service administers its conservation and management program under the Bald and Golden Eagle Protection Act.
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Spring 2016Environmental Streamlining Measures in Title 41 of the FAST Act: What Will They Mean for Infrastructure Project Developers?Articles
Environmental Law News
Congress passed the Fixing America’s Surface Transportation Act (FAST Act) last December. The FAST Act provides new funding for surface transportation projects and includes measures to streamline environmental reviews for highway, transit, and rail projects. -
03.17.2016FWS Proposes Revisions to Development Mitigation PolicyUpdatesThe U.S. Fish and Wildlife Service (FWS) published draft revisions on March 8, 2016 to its 1981 Mitigation Policy for mitigating the impacts of development projects to natural resources.
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02.17.2016Would the Supreme Court Stay EPA’s Clean Power Plan Today?UpdatesThe senior-most U.S. Supreme Court Justice, Antonin Scalia, passed away on February 13, 2016 just days after the Supreme Court, by a slim 5 to 4 majority, stayed the EPA’s enforcement of the Clean Power Plan.
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02.16.2016New Critical Habitat Regulations Published Under the Endangered Species ActUpdatesOn February 11, 2016, the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service jointly published final regulations and a final policy addressing critical habitat under the Endangered Species Act.
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02.11.2016Supreme Court’s Stay on EPA’s Clean Power Plan Places States in LimboUpdatesOn Tuesday, February 9, 2016, only a few weeks after the U.S. Court of Appeals for the District of Columbia Circuit denied a multistate plea to stop the U.S. EPA’s Clean Power Plan, the United States Supreme Court issued a highly unusual judicial stay on the EPA’s implementation of the Clean Power Plan.
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10.07.2015Migratory Birds Of A Feather Don't Always Flock TogetherArticles
Law360
Presentations
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03.31.2023Introduction to HydropowerSpeaking Engagements
Energy Law Academy Course 109
Energy Bar Association / Webinar
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03.23.2023Politics and Policies of Getting Steel in the WaterSpeaking Engagements
Offshore Wind Energy
The Seminar Group / Portland, OR
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01.19.202232nd Annual Land Use and Development Law BriefingWebinarsA 90-minute multi-panelist briefing on the recent evolution of land use, planning, CEQA, and environmental law in California.
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08.24.2021
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01.15.2019; 01.17.2019; 01.23.2019; 01.29.2019.29th Annual Land Use & Development Law Lunch BriefingSeminars2018 has been another eventful year in the evolution of land use and planning law in California.
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06.13.2018The Future of Offshore Energy (Part 2): Technical Solutions and Anticipated ImpactsSpeaking EngagementsVERGE Hawaii / Honolulu, HI
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06.07.2018Navigating The Course Through The U.S. Government in Offshore WindSpeaking EngagementsU.S. Offshore Wind Conference and Exhibition / Boston, MA
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03.27.2018Pure Water Monterey Environmental and Biological Permitting AdventuresSpeaking EngagementsWateReuse Conference / Monterey, CA
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01.18.2018; 01.24.2018; 01.25.2018; 01.30.2018.28th Annual Land Use & Development BriefingSeminars2017 has been another eventful year in the development of land use and planning law in California.
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11.02.2017Federal and State Case Law UpdateSpeaking EngagementsElectric Power and Project Development in California / San Francisco, CA
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09.13.2017Marine Renewable Energy: Looking West for EnergySpeaking EngagementsPacific Ocean Energy Trust, Ocean Renewable Energy Conference XII / Portland, OR
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05.20.2017Connected Actions and Cumulative EffectsSpeaking Engagements
AEP Conference / San Francisco, CA
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05.08.2017 - 05.09.2017NEPA Legal, Practice & Policy DevelopmentsSpeaking Engagements11th Annual NEPA Conference / San Francisco, CA
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01.18.2017; 01.25.2017; 01.26.2017; 02.07.2017; 02.22.2017.27th Annual Land Use & Development Law BriefingSeminars2016 has been another dynamic year in the development of land use and planning law in California.
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06.22.2016Is Near-Shore Ocean Technology the Next Wave in Clean EnergySpeaking Engagements2016 VERGE Hawaii / Honolulu, HI
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01.21.2016; 01.26.2016; 02.02.2016; 02.22.2016;26th Annual Land Use & Development Law BriefingSeminars2015 has been a year of significant developments in land use, CEQA and environmental and resources law.
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09.24.2015Overview of the Endangered Species ActSpeaking EngagementsCLE International Endangered Species Act Seminar / San Francisco, CA
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08.11.2015California As An Export Market For Renewables?Speaking EngagementsLSI’s Energy in the Southwest / Santa Fe, NM
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07.21.2015Heading Off Opposition of Infrastructure Development: Legal, Communication and Political PerspectivesSpeaking EngagementsAmerican Gas Association Legal Forum / Carlsbad, CA
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201525th Annual Land Use & Development Law Briefing MaterialsSeminars
The 25th Annual Land Use & Development Law Breakfast Briefing presentation focused on 2014 developments and trends in land use, affordable housing, school facilities financing, CEQA, real estate and environmental and resources Law. Download PDF version of presentation materials
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03.03.2015 - 03.04.2015Waste to Biogas & Clean Fuels Finance & Investment SummitSpeaking EngagementsCo-Chair
Waste to Biogas & Clean Fuels F&I Summit / Santa Clara, CA -
01.28.2015Climate Change OutlookSpeaking EngagementsGowlings’ Environmental Law for Business Seminar / Toronto, CanadaPresented on Climate Change Developments in the United States at the Federal and State Levels.
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01.21.2015; 01.22.2015; 01.27.2015; 02.12.201525th Annual Land Use and Development Law BriefingSeminars
A 90-minute multi-panelist presentation on 2014 developments and trends in Land Use, CEQA, Real Estate, and Environmental and Resources Law.
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05.13.2014Bureau of Land Management Review of Proposed ProjectsSpeaking EngagementsLSI’s Tribal Environmental Quality Protection Conference / Cabazon, CA
