Elizabeth Lake

Elizabeth Lake

Holland & Knight LLP

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Obama Administration Issues Final Rule on “Waters of the United States” - The Rule Will Expand The Universe Of "Waters" Subject To...

On May 27, 2015, the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) (collectively, the “agencies”) issued a final rule revising the regulatory definition of “Waters of the United...more

6/10/2015 - Clean Water Act Environmental Policies EPA Final Rules Groundwater Navigable Waters NPDES Obama Administration Oil Spills Science Advisory Board Sediment Control US Army Corps of Engineers US Geological Survey Waters of the United States Wetlands

NEPA Revised Draft Guidance on Consideration of GHG Emissions: Version 2.0 - Proposal Requires Federal Agencies to Assess GHG and...

Nearly five years after issuing its initial draft, the White House Council on Environmental Quality (CEQ) continues to revise its draft guidance on conducting greenhouse gas (GHG) impact analyses under the National...more

5/15/2015 - CEQ Climate Change Conservation Draft Guidance Environmental Policies Forest Service Global Warming Solutions Act Greenhouse Gas Emissions Mitigation NEPA NRDC

Proposed Endangered Species Act Regulations Would Revise Rules And Protections Related To "Critical Habitat" - Proposal Would...

HIGHLIGHTS - - The proposed regulations would considerably change the regulatory definitions related to "critical habitat" and "adverse modification," increasing agency discretion to designate and protect areas that...more

5/21/2014 - Critical Habitat ESA Fish and Wildlife Service National Marine Fisheries Service Proposed Regulation

Obama Administration Releases Proposed Rule on "Waters of the United States"

The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency released a proposed rule that will impact many segments of the U.S. economy, greatly expanding future permitting requirements. The proposed rule...more

4/7/2014 - Clean Water Act EPA Jurisdiction US Army Corps of Engineers Waters of the United States

The 30-Year Programmatic Eagle Take Permit: How Much Certainty Does It Provide?

The U.S. Fish and Wildlife Service issued a final rule that takes limited action to extend the maximum life of programmatic eagle take permits to 30 years, provides for permit transferability, and sets processing and...more

12/20/2013 - Endangered Species Fees Fish and Wildlife Service Incidental Take Permits Mitigation Permits Renewable Energy Reporting Requirements Solar Energy Wind Power

Bay Delta Conservation Plan and Draft EIR Released for Public Comment: Greatest Habitat Restoration Plan Ever or Pork Barrel...

The Bay Delta Conservation Plan (BDCP), an ecosystem plan designed to restore habitat and help endangered fish species recover while also keeping water flowing to customers through construction of the proposed water tunnel...more

12/13/2013 - Bureau of Reclamation Conservation Department of Water Resources Endangered Species Environmental Assessments Farms Fish and Wildlife Service Habitat Conservation Plan Incidental Take Permits National Marine Fisheries Service Natural Resources Water Supplies

California's New Hydraulic Fracturing Regulations: Implications and Next Steps

California's Senate Bill 4 (SB 4) is one of the first laws in the United States to regulate hydraulic fracturing (or "fracking"). On November 15, 2013, the state's Division of Oil, Gas, and Geothermal Resources (DOGGR) issued...more

11/29/2013 - Disclosure Requirements DOGGR Environmental Impact Report Fracking Oil & Gas Reporting Requirements

City of Ceres: California Appeals Court CEQA Decision Complicates Whether Agencies' Communications with Developers Are Privileged

On July 8, 2013, the Fifth District of the California Court of Appeal issued Citizens for Ceres v. Super. Ct. of Stanislaus County (Case No. F065690 (Cal. Ct. App. 5th, July 8, 2013)) (Ceres), a perplexing opinion holding...more

7/16/2013 - Attorney-Client Privilege CEQA Common-Interest Privilege

The Sun is Shining on Solar: Deference to Lead Agency Given in Panoche Valley Solar Project CEQA/Williamson Act Decision

In a recent California appellate decision addressing a challenge under the California Environmental Quality Act (CEQA) and the Williamson Act to the Panoche Valley Solar Project, a photovoltaic solar project on approximately...more

7/5/2013 - CEQA Mitigation Renewable Energy Solar Energy Williamson Act

Integrating NEPA and NHPA Section 106 Reviews: New Guidance Document Provides Useful Advice, But Leaves Some Questions Unanswered

The Council on Environmental Quality (CEQ), as part of its effort to modernize and reinvigorate the National Environmental Policy Act (NEPA), released two handbooks on March 5, 2013, that provide regulatory guidance to...more

3/21/2013

Federal Efficiency/Streamlining: CEQ Issues New NEPA Guidance Documents

The Council on Environmental Quality (CEQ) released two handbooks under the federal National Environmental Policy Act (NEPA) on March 5, 2013, that provide regulatory guidance to "encourage more efficient environmental...more

3/21/2013 - CEQA Environmental Review Handbooks Memorandum of Understanding NEPA Permits

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