On August 27, 2015, the US District Court for the District of North Dakota issued a preliminary injunction against implementation of the Clean Water Rule (the Final Rule). The Final Rule defines Waters of the United States...more
On May 27, 2015, the United States Court of Appeals for the Ninth Circuit upheld the US Bureau of Land Management’s (BLM) grant of a right-of-way over federal land for a road (the Road Project) for a wind energy project...more
Today, the California Supreme Court unanimously upheld the City of San Jose’s Inclusionary Housing Ordinance, rejecting a facial constitutional challenge brought in California Building Industry Association (CBIA) v. City of...more
On April 8, 2015, the California Supreme Court heard oral argument in California Building Industry Association v. City of San Jose (Affordable Housing Network of Santa Clara County et al.), S212072, a case with statewide...more
Court gives more deference to an agency’s decision to use a categorical exemption, likely thwarting environmental opponents.
On Monday March 2, the California Supreme Court upheld the use of a California Environmental...more
On October 29, 2014, the Fourth District Court of Appeal of California upheld the Sierra Club’s challenges to the County of San Diego’s (“County”) approval of a climate action plan (“CAP”) and related significance thresholds...more
Developers of infill projects could face additional uncertainty and legal vulnerability under new requirements to analyze impacts on transportation.
On August 6, the Governor’s Office of Planning and Research (OPR)...more
Renewable energy developers continue to have an excellent track record of defeating project challenges.
In December 2012, we summarized nearly 10 years of litigation against renewable energy projects. Between the...more
On March 25, 2014, in The Protect Our Communities Foundation et al. v. Jewell et al. , the US District Court for the Southern District of California issued a decision on a challenge to the Tule Wind Project and found in favor...more
On March 14, 2014, in Public Employees for Environmental Responsibility et al. v. Beaudreu et al., the US District Court for the District of Columbia issued a decision on multiple challenges to the Cape Wind Offshore Wind...more
On February 18, 2014, the Ninth Circuit Court of Appeals rejected challenges under the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and the Department of Transportation Act to the...more
On November 6, 2013, in The Protect Our Communities Foundation v. Salazar, the U.S. District Court for the Southern District of California rejected a challenge to the Ocotillo wind-energy project based on the National...more