Energy and Climate Policy
(Note: Original Draft was updated and edited on 3/10/26 and 3/11/26) On March 9, 2026, the First Appellate District affirmed in full the CPUC s D.22-12-026 decision in Center for Biological Diversity v. Public Utilities Commission (Case No. A167721). The First Continue reading
(Updated 3/3/26 at 3pm with additional cases) This post is an update on previous posts (here and here) related to the remanded petition for the Center for Biological Diversity v. Public Utilities Commission of the State of California in the Continue reading
This is a follow up to my previous blog post on the California Supreme Court’s Opinion that remitted the Center for Biological Diversity v. CPUC (A167721; S283614) to the 1st Appellate District. With supplemental and responsive briefing filed on November Continue reading
On August 8, 2025, the California Supreme Court issued an opinion (Center for Biological Diversity v. Public Utilities Commission, S284614 (August 7, 2025)) on a single issue of law specific to the degree of deference afforded to the California Public Continue reading
This is Blog #4 on this this topic that will look at two issues. First, where is the line between what is preempted and what is not under the Energy Policy and Conservation Act (EPCA)? This will look at rules Continue reading
The deadline for the Governor to sign or vetoes bills passed on September 30th. The Governor has called an extraordinary session where nine bills were introduced. So far, ABX2-1 and ABX2-9 appear to be active while the other seven may Continue reading
This blog will continue the discussion on the EPCA specific to two past, unpublished EPCA cases that predate the litigation against the City of Berkeley. The first is a building performance regulation that applied to both existing and new construction Continue reading
This is the second blog post in this series looking at the requirements that the State of Colorado and City of Denver adopted to implement building performance standards (Blog # 1 can be accessed here). It will review the benchmarking Continue reading
On April 22, 2024, the Colorado Apartment Association, Apartment Association of Metro Denver, Colorado and Lodging Association, Inc., and NAIOP Colorado Chapter filed a complaint in federal district court against the State of Colorado and City of Denver challenging building Continue reading
As the previous post discussed here, the City of Berkeley was granted until 5/31/23 to file a petition for rehearing en banc to the full 9th Circuit. Yesterday, the City of Berkeley filed its Petition for Rehearing En Banc. This Continue reading