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New Year, New ASTM Standard for Phase I Environmental Site Assessments

On November 1, 2021, ASTM International approved an updated version of ASTM E1527, the standard governing Phase I environmental site assessments (ESAs).  This standard is updated every 8 years and the new version, ASTM E1527-21, will replace the current standard, ASTM E1527-13.  The version of ASTM E1527-21 published on November 1, 2021 is currently under review by the Environmental Protection Agency (EPA), following which the EPA will adopt a rule formally recognizing the new standard as compliant with the All…

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Five Things to Know about Offshore Wind in California This Fall

In California, the wind blows offshore in the fall, and this fall has been especially busy for offshore wind developments.  While the Governor’s signing of AB 525 (Chiu) received the most press, other vitally important agencies took steps to move offshore wind development forward, including the US Bureau of Ocean Energy Management (BOEM), California Coastal Commission, the Energy Commission, and the State Lands Commission. Legislation: AB 525 sets a course for offshore wind in California by requiring the Energy Commission…

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New Statutory Requirements if Local Agencies Want to Continue Teleconferenced Public Meetings with Social Distance Modifications

During the COVID-19 pandemic, Governor Newsom authorized local agencies to conduct teleconference meetings without complying with certain Brown Act requirements to allow for social distancing during COVID-19, i.e., the following “Social Distance Modifications”: Agenda not required to be posted at each teleconference location Each teleconference location not required to be listed on the agenda Each teleconference location not required to be open and accessible to the public Quorum of the legislative body not required to participate within the jurisdiction’s boundaries…

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Fast Track Opportunity for Battery Storage Projects In California

On July 31, 2021, California Governor Gavin Newsom issued an Emergency Order (“EO”) to address the strains on the energy grid from climate-change related weather events (see our prior analysis here).  The EO included a directive for the California Energy Commission (“CEC”) to create an expedited permitting process for new or expanded battery storage projects that (a) add at least 20 megawatts of power, (b) can discharge for at least for 2 hours, and (c) can deliver net peak energy…

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Keeping the Lights On

CA Emergency Proclamation to Quickly Increase Energy Generation, Suspend Certain Environmental Requirements On Friday, July 30, 2021, Governor Gavin Newsom issued a Proclamation of a State of Emergency (Emergency Order or EO) stating that climate-change related weather events including drought, extreme heat and wildfires have caused reductions in the availability of power generation from hydroelectric resources and grid interconnections.  Due to these trends, the EO predicts a 3,500 megawatt (MW) shortfall during peak periods this summer and fall, and potentially…

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