Federal Advisory Committee Releases Draft Climate Assessment Report for Public Review

Posted by Saira Rhodes on February 08, 2013

melting-ice-floating-490x250.jpgThe National Climate Assessment and Development Advisory Committee (NCADAC), of which VNFGD partner TC Richmond serves as Vice Chair, has concluded that the evidence for a changing climate has strengthened considerably since the last National Climate Assessment report written in 2009. Following extensive review by the National Academies of Sciences and by the public, this newly released report will be revised by the NCADAC and, after additional review, will then be submitted to the Federal Government for consideration. 

The NCADAC is a federally-appointed committee tasked with providing a report to the President and the Congress that integrates, evaluates, and interprets the findings of the U.S. Global Change Research Program (USGCRP); analyzes the effects of global change on the natural environment, agriculture, energy production and use, land and water resources, transportation, human health and welfare, human social systems, and biological diversity; and analyzes current trends in global change, both human-induced and natural, and projects major trends for the subsequent 25 to 100 years.

Climate change presents a major challenge for society. This report and the sustained assessment process that is being developed represent steps forward in advancing understanding of that challenge and its far-reaching implications for the nation and the world.

Climate, Energy, & Air Update January 2013

Posted by Admin on January 30, 2013

Our Climate, Energy, & Air Update is intended as a general summary of major policy developments that we judge to be of interest to a broad range of our clients and friends.  

This month's edition features discussion on the following:  

  • The D.C. Circuit invalidates the cellulosic biofuel volume requirements for the 2012 Renewable Fuel Standard and rejects requests for rehearing its decision on the Cross-State Air Pollution Rule.
  • The Department of the Interior is reconsidering its regulations for hydraulic fracturing on public lands
  • EPA will reconsider portions of its emission standards for gas wells and gas storage vessels
  • President Obama promises action on climate change in his inaugural address
  • FERC seeks to ease small generator interconnection
  • A bipartisan group of Senators sends a letter to the President urging approval of the Keystone XL pipeline
  • A California court rejected a challenge to the offset protocols in the state’s cap-and-trade regulations.

Governor Gregoire Sounds the Alarm on Ocean Acidification

Posted by Duncan Greene on November 28, 2012

ocean-pollution1.jpgOn Nov. 27, 2012, Governor Gregoire's Blue Ribbon Panel on Ocean Acidification released its report outlining recommended actions that Washington State can take

in response to ocean acidification. These actions include advocating for a comprehensive strategy to reduce carbon emissions and reducing land-based contributors to acidification such as nitrogen pollution from farms, lawns, and urban streets. Washington is uniquely vulnerable to ocean acidification, both because of regional factors that exacerbate the acidifying effects of global carbon dioxide emissions, and because the state has the largest shellfish growing industry in the country. Will Washington oysters be the "canaries in the coal mine" for ocean acidification and climate change?

VNF Introduces Launches Environmental Appellate Litigation Tracking Tool

Posted by Duncan Greene on July 27, 2012

With the sheer volume of environmental litigation currently in progress that will impact the regulated community, Van Ness Feldman has developed an Environmental Appellate Litigation Tracking Tool  which follows developments in the most significant federal appellate environmental cases in the areas of air quality, water quality, and waste. 

We aspire to update these litigation matrices frequently.  You can keep apprised of these updates by subscribing to our Environmental Appellate Litigation RSS feed.

BLM Releases Draft Impact Management Plans and Design Criteria for Solar Projects

Posted by Duncan Greene on May 01, 2012

Solar farm.JPGThe Bureau of Land Management (BLM), which manages approximately 264 million acres of Federal lands around the country, has issued two draft documents in support of BLM’s recent push to expedite permitting of utility-scale solar power projects in six Southwestern states. 

One of the documents is a set of standard design criteria for solar projects, which BLM expects to incorporate into a programmatic Environmental Impact Statement (EIS) for the solar initiative.  The design criteria, which would apply to all future solar projects covered by the programmatic EIS, address a number of project elements including siting, construction, operations and maintenance, and decommissioning. 

Along with these design criteria, BLM issued a draft framework for a plan to monitor the ongoing environmental impacts of solar projects and adjust land management practices accordingly.  Among other things, the framework provides for the BLM to pilot-test solar project monitoring and adaptive management techniques in one or more BLM-designated “Solar Energy Zones” (SEZs). 

Domestic Greenhouse Gas Emissions Increased in 2010

Posted by Duncan Greene on April 24, 2012

The EPA has published the final version of its latest Inventory of U.S. Greenhouse Gas Emissions and Sinks, covering trends in domestic greenhouse gas (GHG) emissions and sequestration between 1990 and 2010.  Despite trends to “Go Green,” the report found that U.S. emissions totaled 6,822 million metric tons CO2-equivalent in 2010, a 3.2% increase relative to 2009 (when emissions fell due to the recession).  Noting that all major sectors of the U.S. economy increased energy consumption in 2010, the report attributed the increase primarily to the resumption of economic growth and warmer  summer temperatures. 

DOI Proposes Extended ESA Take Permits to Accommodate Energy Projects

Posted by Katie F. Cote, AICP on April 24, 2012

baldeagle.jpgThe Department of the Interior (DOI) has proposed to extend the duration of Endangered Species Act (ESA) “take” permits allowing for non-purposeful disturbance or harm to golden and bald eagles.  If finalized, the rule would extend the term of such permits to thirty years, on the grounds that long-term authorizations are necessary for the financing of renewable energy, transmission, and similar projects.  DOI’s current regulations, issued in 2009, allow energy projects to obtain an eagle take permit for a period of five years if the take is unavoidable and the project has undertaken stringent conservation measures.  DOI will take comments on the proposal until July 12. 

Van Ness Feldman Launches Federal Funding Resource Center

Posted by Shannon Angielski on April 06, 2012

cap_bldg_long.jpgWe are pleased to announce the launch of our Federal Funding Resource Center – www.vnf.com/funding – an online information tool designed to inform our clients and friends about key energy-, environment-, and resource-related federal funding opportunities across a range of federal agencies including the Departments of Energy, Defense, Agriculture, and the Interior. The Federal Funding Resource Center, which is updated daily, compiles active federal funding opportunity announcements in one place for ease of review. The Federal Funding Resource Center also includes a Primer on the federal funding process.

In addition, our Government Relations team will send weekly funding updates via email every Tuesday to those who are interested in receiving them. To subscribe to our weekly funding email update, please e-mail vnf@vnf.com.

We hope you find the Federal Funding Resource Center useful and we welcome your suggestions for how it could be enhanced. Van Ness Feldman has helped clients secure nearly $3 billion in federal funding for projects in recent years. The firm’s lawyers and policy professionals are experienced in every step of the funding process, including developing and implementing strategies for securing funding from both Congress and federal agencies, assisting with funding applications, negotiating funding agreements and managing ongoing reporting and compliance requirements. For more information on the firm’s capabilities in this area, please contact Shannon Angielski or any other member of the firm’s Federal Funding Practice at 202.298.1800.

New Report Collects Research on Designing Buildings to Resist Climate Change Impacts

Posted by T.C. Richmond on March 07, 2012

green_building.pngA comprehensive new report by the U.S. Green Building Council and University of Michigan's Taubman College of Architecture and Urban Planning evaluates research on the likely impacts of climate change on the built environment, and identifies strategies for adapting to those impacts while upholding sustainable design principles. 

Among other things, the report notes that most buildings are designed to withstand historical patterns of precipitation and temperature that may alter dramatically over the lifetime of the structure as a result of climate change.  Adapting to these impacts may require changes in the selection of building materials and the design of critical building systems, such as climate control and stormwater management.    The report provides recommendations relating to building envelopes; siting and landscaping; heating, cooling, and lighting systems; water and waste systems; equipment; and building operations.  

National Wildlife Federation Files New Suit Against FEMA - Seeking Injunction Halting the Sale of NFIP Flood Insurance in the Puget Sound Region

Posted by Molly Lawrence on December 15, 2011

On Thursday December 8, 2011, the National Wildlife Federation (NWF) initiated the most recent installment in their ongoing effort to force FEMA to change the way it operates the National Flood Insurance Program (NFIP).  

In 2004, NWF filed a prior suit against FEMA, asserting that FEMA had violated the Endangered Species Act (ESA) because it had not consulted with NOAA-National Marine Fisheries Service (NMFS) regarding the impact of the NFIP on endangered species in the Puget Sound region.  That lawsuit resulted in a decision ordering FEMA to consult with NMFS, which ultimately culminated in the 2008 Biological Opinion.  In that 2008 Biological Opinion, NMFS concluded that FEMA’s activities implementing the National Flood Insurance Program (NFIP) in the Puget Sound region are likely to jeopardize the continued existence of certain endangered species, including chinook salmon and killer whales (orcas). 

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GordonDerr Combines Practices with Van Ness Feldman

Posted by Jay Derr on December 14, 2011

GordonDerr is excited to announce that the firm is combining with Van Ness Feldman, a nationally and regionally recognized energy, environment, transportation, and natural resources law and public policy firm with offices in Seattle and Washington, DC.  The combined firm will help a broad, national range of clients successfully navigate the next generation of real estate, land use, natural resource, energy, infrastructure, and sustainable development projects.   

Jay Derr, GordonDerr's Managing Partner, will lead the combined firm's Seattle office, which will operate under the name Van Ness Feldman GordonDerr for a transitional period.   

Van Ness Feldman is the ideal partner for growth, as well as increased service and value to GordonDerr clients.  The cultures mesh well, and we anticipate a seamless transition for our clients.  More information about the combination and its many benefits to our clients may be found at www.GordonDerr.com.

More and more, the development and regulatory needs of our clients are triggering federal agency involvement.  This can be through federal laws and regulations such as the Endangered Species Act, Clean Water Act, Clean Air Act and the like, or through the need to shape policy or secure appropriations from Washington, D.C.  Energy policy, the increased emphasis on renewable energy, climate change and sustainable design and construction issues arise with increasing frequency in the work we do with clients in the Pacific Northwest.  Our clients and prospective clients – be they developers, investors, municipalities, port authorities, special use districts, or other entities – will benefit from Van Ness Feldman’s substantive expertise and its prominent position with policymakers and regulators in Washington, D.C.

Jay Derr, Managing Partner

EPA Releases Report on Incorporating Climate Change Information Into Land Protection Planning

Posted by Duncan Greene on October 11, 2011

The Environmental Protection Agency (EPA) just released a report assessing the feasibility of incorporating climate change impacts into planning and decision-making for land preservation efforts by government agencies and nonprofit land trusts. 

The report reviewed existing decision-making processes for selected land protection programs and suggested strategies for better incorporating climate change into those processes.  These strategies include “new decision-support tools for advisory committees, promulgation of different land protection models, and educational outreach for elected officials.”  This report underscores the need for strategic (rather than opportunistic) selection of protected parcels and land preservation tools in order to create a “portfolio of climate adaptation options.”

This conclusion is consistent with findings in a recent report prepared for the Washington State Recreation Office, which concluded that permanent land preservation tools “give the state a portfolio of conservation equity, which can be retained or liquidated and re-invested as part of an overall adaptive management approach.”

Municipal Water Supply: Sharing The Well

Posted by Adam W. Gravley on September 21, 2011

Water-Faucet.jpgGordonDerr partner Adam Gravley  discusses municipal water supply and ways in which cities can get creative to protect this resource in this month’s issue of Cityvision Magazine.  Also featured, groundbreaking efforts by GordonDerr clients the City of Roslyn, LOTT Alliance, and Cascade Water Alliance.

Dealing with water scarcity in an age of climate change represents yet another challenge of governing under the ever-expanding set of crazy-making conditions that define the 'new normal'.

 

 

zHome, the Nation's First Zero Impact Housing Development, Open to The Public

Posted by David Van Skike on September 21, 2011

zhome.jpgzHome, the nation’s first zero-impact, affordable, multi-family community, located in the City of Issaquah, had its grand opening on September 14th.  

An international public/private collaborative of the City of Issaquah, Howland Homes, Ichijo USA, Built Green, King County, Port Blakely Communities, Puget Sound Energy, and the WSU Energy Program teamed on the project which in addition to the community itself, will feature on- and off-site education including a sustainability center for long-term education about the project and deep green living and building.

The concept for zHome originated many years ago in the conference rooms at GordonDerr.  Former GD land use planner Brad Liljequist, currently Project Manager for zHome, had a revolutionary vision—the idea that deep green building and living could be accessible to the mainstream housing market.  Today, zHome proves that the construction of up-to-date; eco-friendly construction technologies are feasible and possible for typical housing projects.

zHome is now open Saturdays from 10-5 and Sundays 11-5 from September 17 until October 30th.  Tours include expert guides explaining the future of building and how we can deal with climate change, ocean acidification, and deforestation.   You can either walk through on your own or take a tour, which will leave every thirty minutes starting at the top and bottom of the hour.

zHome is located on High Street in Issaquah Highlands, just east of the intersection with Highlands Drive. Take exit 18 on I-90, head north on Highlands Drive, and look for the homes with the solar panels! Lots of free parking is available on adjacent side streets around the project.

Model Ordinance for Municipal Solar Siting

Posted by Saira Rhodes on August 10, 2011

Columbia Law School’s Center for Climate Change Law has prepared a first draft of a model small-scale solar-siting ordinance. The model ordinance offers a framework that can enable municipalities to implement and enforce the effective and efficient use of solar energy resources. The ordinance would govern all new solar energy systems of up to ten kilowatts and includes provisions regarding permits, appeals, safety, and zoning for future solar access.

A majority of the model ordinance is derived from existing solar ordinances enacted in New York municipalities. While designed with New York municipalities in mind, the model ordinance can be easily modified for adoption in other states.

Ecology Issues New Internal Guidance for Analysis of GHGs under SEPA

Posted by Tadas Kisielius on July 20, 2011

epa-greenhouse-gases-public-threat.jpgWithout much fanfare, Ecology last month issued its internal guidance for analyzing impacts of greenhouse gas (GHG) emissions during environmental review.  This is the latest round in Ecology’s ongoing effort to identify the role of the State Environmental Policy Act (“SEPA”) in addressing GHG emissions and climate change.  

The guidance document represents Ecology’s effort to stake out its policy and legal objectives broadly and outside of the context of any specific proposals, though the document has no doubt been informed by Ecology’s position in recent administrative litigation and review of specific projects. It is nominally intended to provide internal guidance for Ecology staff when Ecology acts as lead or otherwise reviews a project.  As a practical matter, it will likely be used by other agencies when conducting SEPA review. 

In general, Ecology views SEPA as a gap-filling mechanism to address impacts of GHG emissions until the state or federal government passes more comprehensive legislation governing GHG emissions that many complain has been too long in coming.

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Cowlitz County Port Development at the Center of National/International Climate Change Debate

Posted by Tadas Kisielius on January 07, 2011

EIA_coal_train[1].jpgOn Wednesday,  Montana’s Governor Brian Schweitzer arrived in Washington to meet with Washington Governor Chris Gregoire and Cowlitz County Commissioners in an effort to support a proposal to ship Montana coal destined for Asia through Washington State.  Governor Schweitzer’s trip is garnering national attention and is the latest in a legal and policy battle that has erupted over the proposal, pitting much-needed economic development in Washington against efforts to curb climate change.  The dispute is notable because it examines the degree to which the State Environmental Policy Act (SEPA) requires local jurisdictions to evaluate local projects for impacts on climate change on a global scale.

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