Marc Bruner

Marc Bruner

Perkins Coie

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EPA And Corps Of Engineers Release Proposed Rule On Scope Of Waters Covered Under Clean Water Act That Would Significantly Expand...

On April 21, 2014, the Environmental Protection Agency and the Army Corps of Engineers jointly published a proposed rule to define those waters that fall under the jurisdiction of the Clean Water Act as “waters of the United...more

4/22/2014 - Clean Water Act EPA Jurisdiction US Army Corps of Engineers Waters of the United States

Federal Court Upholds First Offshore Oil And Gas Lease Sales After Gulf Oil Spill

On March 31, 2014, the U.S. District Court for the District of Columbia issued a memorandum opinion upholding the approval, by the Bureau of Ocean Energy Management, of the first oil and gas lease sales in the Gulf of Mexico...more

4/10/2014 - BOEM NEPA Oil & Gas

The EPA And The Corps Of Engineers Release Proposed Rule On The Scope Of Waters Covered Under The Clean Water Act

On March 25, 2014, the Environmental Protection Agency and the Army Corps of Engineers jointly released a proposed rule to define those waters that fall under the jurisdiction of the Clean Water Act as “waters of the United...more

3/31/2014 - Clean Water Act Environmental Policies EPA US Army Corps of Engineers

Ninth Circuit Upholds 2008 Biological Opinion Restricting Operations Of California Water Projects

On March 13, the Ninth Circuit issued its long-awaited decision in the latest round of the delta smelt litigation, upholding the 2008 Biological Opinion prepared by the U.S. Fish & Wildlife Service for the combined operations...more

3/24/2014 - Endangered Species Act Fish and Wildlife Service Water

CEQA Year In Review 2013 - A Summary Of Published Appellate Opinions Under CEQA

INTRODUCTION AND OVERVIEW - The published court decisions in 2012 reflected a heightened recognition that CEQA does not require perfection, but rather a reasonable effort to provide environmental information that...more

1/7/2014 - CEQA CEQA Reform Environmental Impact Report Land Developers Urban Planning & Development

Draft Regulations Would Dramatically Expand Clean Water Act Jurisdiction

The Environmental Protection Agency and the Army Corps of Engineers have presented a draft of joint regulations under the Clean Water Act to the Office of Management and Budget for an internal governmental review. While the...more

12/20/2013 - Clean Water Act EPA Jurisdiction Permits US Army Corps of Engineers Water

"The Weakest Link For Climate Change Plaintiffs"

In a case seeking to compel the Washington Department of Ecology and two regional agencies in the state of Washington to regulate greenhouse gases under the Clean Air Act, the Ninth Circuit Court of Appeals ruled that the...more

11/25/2013 - Article III Clean Air Act Climate Change

Ninth Circuit Rules That Plaintiffs Lack Standing To Compel State Agencies To Regulate Greenhouse Gas Emissions

In a case seeking to compel the Washington State Department of Ecology and two regional agencies in the State of Washington to regulate greenhouse gases under the Clean Air Act, the Ninth Circuit ruled that the environmental...more

10/25/2013 - Article III Carbon Emissions Greenhouse Gas Emissions Standing

California Supreme Court Makes It Easier To Challenge Local Affordable Housing Requirements

Under the Mitigation Fee Act, when a city imposes a fee, dedication, reservation or other exaction on a development project, the developer has the right to pay under protest, obtain the necessary project approvals and proceed...more

10/24/2013 - Affordable Housing Inclusionary Housing Ordinance

EPA Moves To Expand Federal Clean Water Act Jurisdiction

The prolonged controversy over the Clean Water Act’s reach may be coming to a dramatic head. On September 17, 2013, the Environmental Protection Agency announced the release of a draft scientific report finding that all of...more

9/25/2013 - Clean Water Act Environmental Policies EPA Water Wetlands

Final Rule Issued On Economic Impact Analyses For Endangered Species Act Critical Habitat Designations

On August 28, 2013, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services) issued a final rule revising their regulations for analyzing the economic impacts of critical habitat designation...more

9/3/2013 - Critical Habitat Endangered Species Endangered Species Act Fish and Wildlife Service National Marine Fisheries Service

California Cities And Counties Can “Just Say No” To Medical Marijuana Dispensaries

The California Supreme Court has unanimously upheld a local ban on medical marijuana dispensaries, holding that the ban was not preempted by state statutes governing medical marijuana. The decision does not come as a...more

5/8/2013 - Dispensaries Local Ordinance Medical Marijuana Municipalities Preemption

D.C. Appeals Court Says EPA May Revoke Fill Permit After It Has Been Issued

In addressing an important legal issue of first impression, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the U.S. Environmental Protection Agency’s “veto” authority under Section 404(c) of the...more

5/1/2013 - Clean Water Act Coal Mines EPA Permits US Army Corps of Engineers

CEQA Reform: The Cure May Be Worse Than The Disease

According to the author’s April 23, 2013 press release, the amended version of Senate Bill 731 is a “comprehensive reform” of CEQA, “modernizing the law to aid California’s economic growth.” But a close review shows that the...more

4/30/2013 - Amended Legislation CEQA CEQA Reform Notice Requirements Public Transit Recordkeeping Requirements Renewable Energy Reporting Requirements Tolling

Ninth Circuit Rules That Storm Water Runoff From Utility Poles Is Not A “Point Source” Discharge Under The Clean Water Act Or A...

An environmental group argued that rain water washing over utility poles and carrying wood preservatives used to treat the poles into Bay Area waterways violated the Clean Water Act (CWA) and the Resource Conservation and...more

4/9/2013 - Clean Water Act Discharge of Pollutants Point Sources RCRA Waste

New Significance Standard For Greenhouse Gas Emissions Is Not New Information Triggering Supplemental CEQA Review

In an opinion published on March 28, 2013, a California court of appeal answered three questions under the California Environmental Quality Act that the published decisions have not yet addressed...more

4/3/2013 - CEQA CEQA Reform Environmental Impact Report Greenhouse Gas Emissions

Use Of Project-Specific Significance Thresholds Does Not Violate CEQA

The first published California Environmental Quality Act case of 2013, Save Cuyama Valley v. County of Santa Barbara, strongly endorsed a lead agency’s authority to use its own, project-specific significance thresholds in an...more

2/20/2013 - CEQA Environmental Impact Report Groundwater Mining Threshhold Requirements

CEQA Year In Review 2012

In This Issue: - Project Approvals Triggering CEQA ..Chung v City of Monterey Park (2012) 210 CA4th 394 ..Tuolumne Jobs and Small Business Alliance v Superior Court) 210 CA4th 1006 (petition for review pending,...more

1/3/2013 - Ballot Measures CEQA Environmental Impact Report Exemptions Greenhouse Gas Emissions Groundwater Permits Standing Statute of Limitations Tolling Wal-Mart

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