Elisabeth Esposito at Brownstein Hyatt Farber Schreck

A Change of Tune for Natural Resources Law

On June 28, in Loper Bright Enterprises v. Raimondo, the Supreme Court overruled its landmark decision in Chevron v. Natural Resources Defense Council, which gave rise to the Chevron doctrine. The Chevron case, decided in...more

7/10/2024 / Chevron Deference , Chevron v NRDC , Government Agencies , Loper Bright Enterprises v Raimondo , Natural Resources , Popular , SCOTUS , Statutory Interpretation

Key Takeaways from the Sustainable Water Investment Summit

Set against the context of unprecedented demand for water supply solutions, Brownstein and WestWater Research brought together water industry and finance leaders for the second annual Sustainable Water Investment Summit. The...more

3/18/2024 / California , Environmental Social & Governance (ESG) , Green Finance , Groundwater , Infrastructure , Sustainability , Sustainable Finance , Utilities Sector , Water , Water Supplies

Energy & Housing, Environmental Justice & SGMA Developments – No Shortage of Content at Yosemite Conference

Last month, environmental and natural resources law practitioners, including members of the Brownstein team, gathered outside Yosemite National Park for the annual Yosemite Environmental Law Conference. The conference...more

11/16/2023 / California , Clean Energy , Energy Sector , Environmental Justice , Environmental Policies , Groundwater , Housing Developers , Natural Resources , Solar Energy , Trade Conference

Forest Service Proposes Regulatory Amendments to Permit Carbon Sequestration on NFS Lands

On Nov. 3, 2023, the U.S. Forest Service issued a proposed rule to amend its special use regulations to authorize carbon dioxide (CO2) sequestration on National Forest System (NFS) lands (both national forests and...more

11/13/2023 / Carbon Capture and Sequestration , Environmental Policies , Federal Land , Forest Service

CEQA News You Can Use - August 2023 - Volume 8, Issue 2

Welcome to “CEQA News You Can Use,” a quarterly production of Brownstein Hyatt Farber Schreck, LLP’s Natural Resources lawyers. This publication provides quick, useful bites of CEQA news, which we hope can be a resource to...more

8/2/2023 / California , CEQA , City of Berkeley , Construction Project , Environmental Impact Report (EIR) , Environmental Policies , Land Developers , State and Local Government , Urban Planning & Development

Sweeping BLM Proposed Public Land Rule

Rule would have significant new implications for traditional multiple-use management and conservation uses of public land. The Bureau of Land Management (BLM) recently unveiled its proposed Conservation and Landscape...more

6/15/2023 / Bureau of Land Management , Comment Period , Conservation , Federal Land , Final Rules , FLPMA , Proposed Legislation , Public Land

Much Ado About NEPA

The Fiscal Responsibility Act’s Revisions to the Iconic Statute Largely Codify Existing Interpretation and Practice On May 31, 2023, the House of Representatives advanced the Fiscal Responsibility Act of 2023 (“FRA”), which...more

6/5/2023 / Biden Administration , Climate Change , Energy Sector , Environmental Assessments , Environmental Policies , Federal Budget , NEPA

Brownstein Clients Successfully Advocate Against Nationwide Injunction and Secure Ruling Permitting USFS to Continue Use of Aerial...

Notwithstanding the increasing size and severity of wildfires over the past decade, certain plaintiff groups have sought to constrain the government’s response to wildfires. Brownstein was honored to have the opportunity to...more

6/2/2023 / Clean Water Act , Contamination , Environmental Protection Agency (EPA) , Forest Service , Groundwater , Water , Water Supplies , Wildfires

Chevron Deference on the Chopping Block?

Supreme Court to hear case that could change landmark precedent - Earlier this month, the U.S. Supreme Court announced that during its next term it will hear a case that could overturn Chevron, U.S.A., Inc. v. NRDC, 467...more

5/25/2023 / Chevron Deference , Chevron v NRDC , Clean Air Act , Energy Sector , Environmental Protection Agency (EPA) , Loper Bright Enterprises v Raimondo , SCOTUS

Seeing the Forest for the Trees, and the Climate for the Forest

USFS Seeks Comment on Array of Forest Conservation and Resilience Policy Issues - Earlier this week, the U.S. Forest Service (Forest Service) published an advanced notice of proposed rulemaking (ANPRM) seeking public...more

4/28/2023 / Biden Administration , Bureau of Land Management , Climate Change , Environmental Policies , Forest Service

Sustainable Water Investment Summit Takeaways: Water Rights, Scarcity and Opportunities

Last week, leaders from a range of industries convened for two days in Los Angeles for Brownstein and WestWater’s inaugural Sustainable Water Investment Summit....more

3/15/2023 / California , Groundwater , Natural Resources , Utilities Sector , Water , Water Rights , Water Supplies

Brownstein Scores Big Win in Historic Case Affecting All Water Users in California

Water recycling is a high priority for California—a critical water supply in a state still burdened by massive drought—but the considerations a city or water agency must contend with in navigating decisions on water supply...more

3/15/2023 / California , Clean Water Act , Groundwater , State Water Boards , Water , Water Supplies

California Offshore Wind Lease Sale Announced by Department of the Interior

AUCTIONS HAVE POTENTIAL TO SUPPLY RENEWABLE WIND POWER TO OVER 1.5 MILLION HOMES - On May 26, 2022, the U.S. Department of the Interior announced proposed auctions for offshore wind leases in two wind energy areas (WEAs)...more

6/2/2022 / California , Clean Energy , Energy Projects , Energy Sector , Offshore Wind , Renewable Energy , Wind Power

USDA Climate-Smart Agriculture and Forestry: Request for Comments

Fluctuating water supply and reliability throughout the U.S. has the potential to have major implications for rural communities, farmers, agricultural operators, ranchers, forest owners, and other stakeholders. Adapting to...more

4/23/2021 / Biden Administration , Bioenergy , Biofuel , Clean Power Plan , Climate Change , Environmental Policies , Environmental Protection Agency (EPA) , Executive Orders , Forestry , Paris Agreement , Regulatory Agenda , USDA , Wildfires