Five Things to Know about Offshore Wind in California This Fall

October 23, 2021

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…

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

September 21, 2021

Man Working From Home Having Group Videoconference On Laptop

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…

Fast Track Opportunity for Battery Storage Projects In California

September 8, 2021

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…

Keeping the Lights On

August 3, 2021

Solar Energy with Transformer Substation

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…

Judicial Counsel Clarifies Emergency Statutes of Limitations for CEQA and Land Use Challenges

June 1, 2020

Judicial Council of California Blue Seal

As part of the California Judicial Council’s April 6th response to the COVID-19 pandemic, the Judicial Council adopted Emergency Rule 9 which tolled statutes of limitations for civil causes of action from April 6th until 90 days after the Governor declares an end to the state of emergency. While most civil claims must be brought within a period of years, land use practitioners were quick to point out that this Emergency Rule effectively added an additional three times the statute…