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CEQA update: water supply assessment case injects unwanted uncertainty for renewable energy projects

Holland & Knight LLP
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USA
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September 23 2010

In a recent decision, Center for Biological Diversity v. County of San Bernardino (CBD) (2010) 185 Cal.App.4th 866, the court held that an environmental impact report (EIR) prepared pursuant to the California Environmental Quality Act (CEQA) for a 160-acre open air composting facility was inadequate since, among other reasons, a water supply assessment had not been prepared as required by the Water Code

Supreme Court rejects federal nuisance claim for greenhouse gas emissions

Holland & Knight LLP
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USA
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June 21 2011

There is no room for the federal courts in regulating greenhouse gas (GHG) emissions from fossil-fuel-fired power plants, the U.S. Supreme Court decided June 20, 2011

Federal district court invalidates California low carbon fuel standard

Holland & Knight LLP
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USA
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January 11 2012

In a decision likely to reverberate well beyond California, a federal district court has struck down the California low carbon fuel standard (LCFS) as prohibited by the federal Commerce Clause

Seminole Tribe appeals gas-tax decision to Florida Supreme Court

Holland & Knight LLP
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USA
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November 4 2011

The Seminole Tribe of Florida has filed an appeal with the Florida Supreme Court regarding the Fourth District Court of Appeals’ decision in Florida Dep’t of Revenue v. Seminole Tribe of Florida, 65 So. 2d 1094 (Fla. 4th DCA 2011

Delaware Chancery Court dismisses stockholder's derivative claim because of inadequate representation for failing to first make a section 220 books and records request

Holland & Knight LLP
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USA
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December 10 2012

On September 25, 2012, the Delaware Chancery Court dismissed, with prejudice, a named plaintiff's derivative claim because of inadequate representation

D.C. Circuit validates regulation of global warming

Holland & Knight LLP
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USA
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July 17 2012

While the global warming debate may continue to rage in Congress and political circles, the D.C. Circuit probably has laid it to rest at present for purposes of the executive and judicial branches

Recent opinion provides guidance on climate change, water supply assessments and exhaustion of administrative remedies

Holland & Knight LLP
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USA
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July 29 2011

The Fourth District Court of Appeal recently issued a notable opinion, Citizens for Responsible Equitable Environmental Development v. City of San Diego (2011) 196 Cal.App.4th 515

SEC files initial brief in conflict minerals rule case

Holland & Knight LLP
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USA
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April 15 2013

The SEC recently filed its initial brief in the case pending in the United States Court of Appeals for the D.C. Circuit in which the National

The Robins economic loss rule complicates offshore wind project contracting

Holland & Knight LLP
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USA
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October 28 2010

Illustrative of the unusual results that can affect offshore wind energy projects under admiralty law is the Supreme Court's venerable Robins Dry Dock decision, which may preclude or limit an offtaker's ability to recover economic losses arising from a marine casualty causing a forced outage of a wind generation facility