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Aurora Energy Decision Deems Discharges Prohibited, Leaves Open Question of Permit Shield Applicability

On September 3, 2014, the United States Court of Appeals for the Ninth Circuit issued its opinion in Alaska Community Action on Toxics v. Aurora Energy Services, LLC, holding that the Clean Water Act General Permit for...more

9/18/2014 - Appeals Clean Water Act Coal Coal Industry EPA NPDES Stormwater Discharge Permits

Be Careful What You Look For: EPA Updates “All Appropriate Inquiries” Environmental Diligence Standard

On December 30, 2013, the U.S. Environmental Protection Agency (“EPA”) amended its “All Appropriate Inquiries” rule, which sets out the standard for environmental due diligence in commercial and industrial property...more

1/9/2014 - ASTM CERCLA Contaminated Properties Due Diligence Environmental Assessments Environmental Policies Environmental Review EPA Hazardous Substances Land Developers Real Estate Market Superfund Vapor Intrusion

Bay Area Air District’s Significance Thresholds Reinstated: No CEQA Review for CEQA Review Thresholds

A new appellate decision reinstates the Bay Area Air Quality Management District’s controversial “significance thresholds” for evaluating air quality impacts under the California Environmental Quality Act. ...more

8/16/2013 - Air Pollution CEQA Greenhouse Gas Emissions Hazardous Substances Threshhold Requirements

Like Athena From the Head of Zeus: Neighbors for Smart Rail Authorizes Future Baselines in CEQA Review

A new California Supreme Court decision, Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, authorizes reliance on anticipated future conditions as the “baseline” for evaluating impacts of long-term...more

8/7/2013 - CEQA Environmental Policies Environmental Review High-Speed Rail Infrastructure P3s Public Projects

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