In a 5-4 decision issued on May 25, 2023, the U.S. Supreme Court narrowed the applicability of federal Clean Water Act regulatory authority over wetlands that have a relatively permanent connection to other federal waters....more
6/15/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
This is the third eAlert in our 2021 NEPA Rules Rewrite Series addressing revisions to the National Environmental Policy Act (NEPA) regulations proposed by the Biden administration. Today, we focus on the Council on...more
The California Environmental Quality Act (CEQA) requires state and local government agencies to identify potentially significant environmental impacts of proposed projects and to reduce those impacts wherever feasible. For...more
11/25/2020
/ CEQA ,
Construction Project ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Environmental Review ,
Infrastructure ,
Legislative Agendas ,
Public Projects ,
Regulatory Agenda ,
State and Local Government ,
Transportation Industry
The Sacramento Superior Court upheld a challenge to a decision by the California Fish and Game Commission to designate four subspecies of bumble bees as candidates for protection under the California Endangered Species Act...more
This is the seventh in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020 by the Council on Environmental Quality (CEQ). CEQ’s revised...more
For the second time in a decade, the U.S. Court of Appeals for the Ninth Circuit has invalidated a decision by the U.S. Fish and Wildlife Service (Service) to remove the Greater Yellowstone grizzly bear (Ursus arctos...more
7/23/2020
/ Conservation ,
Critical Habitat ,
Delisting ,
Deregulation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Oversight ,
Regulatory Reform ,
US Fish and Wildlife Service
Please join us on August 4, 2020 from 11:30 a.m. to 12:30 p.m. PT for “Key CEQA Compliance Considerations for Vehicle Miles Traveled Analyses.” This complimentary webinar will examine the California Natural Resources Agency’s...more
On January 10, 2020, the Council on Environmental Quality (CEQ) proposed amendments to National Environmental Policy Act (NEPA) implementing regulations. The Proposed Rule would represent the first significant overhaul of...more
1/14/2020
/ CEQ ,
Comment Period ,
Deregulation ,
Environmental Assessments ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Environmental Review ,
Executive Orders ,
Infrastructure ,
NEPA ,
Proposed Rules ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Standards ,
Rulemaking Process ,
Surface Transportation ,
Trump Administration
In response to material opposition from many of the transportation agencies in the State, the California Natural Resources Agency has proposed to provide transportation agencies with the discretion to determine the metric...more
On December 8, 2017, the Ninth Circuit Court of Appeals unanimously rejected two challenges to the 20-mile South Mountain Freeway Project in Phoenix, Arizona. The decision is the latest in a series of court decisions...more
12/13/2017
/ Air Quality Standards ,
Appeals ,
Construction Industry ,
Construction Project ,
Department of Transportation (DOT) ,
Federal Highway Administration ,
Highways ,
Infrastructure ,
NEPA ,
Public Projects ,
Regional Transportation Planning ,
Roads ,
State and Local Government ,
Urban Planning & Development
The paradigm shift in the evaluation of the transportation impacts of road and development projects has arrived. The Governor’s Office of Planning and Research (OPR) announced the most comprehensive and far-reaching...more
In a decision of national importance to the transportation community, the U.S. District Court for the District of Arizona rejected National Environmental Policy Act (NEPA) challenges and Section 4(f) challenges to the 22-mile...more
Join us for our annual Environmental and Land Use Law Update! This complimentary morning seminar will be comprised of panel discussions on a spectrum of critical federal and state environment and land use issues, including...more
Nossaman will host a complimentary half-day seminar comprised of panel discussions on a spectrum of critical federal and state environment and land use issues, including new federal rules implementing the Clean Water Act and...more
The California Supreme Court heard argument on September 2, 2015 in a greenhouse gas (GHG) and fully protected species case with important state-wide implications. (Center for Biological Diversity v. Department of Fish and...more
On September 2, 2015, the California Supreme Court heard oral argument in a case involving fully protected species that may have important state-wide implications. (Center for Biological Diversity v. Department of Fish and...more
9/4/2015
/ CA Supreme Court ,
California Air Resources Board ,
California Endangered Species Act ,
CEQA ,
Conservation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Impact Report (EIR) ,
Greenhouse Gas Emissions ,
Habitat Conservation Plan ,
State Department of Fish and Wildlife
In a decision that enhances the ability of local interests to obtain mitigation funds from state agencies, the California Supreme Court held that the California Environmental Quality Act ("CEQA") requires the Board of...more
In a decision that casts a shadow on the enforceability of contractual assurances in habitat conservation plan (“HCP”) agreements, the U.S. Court of Appeals for the Ninth Circuit rejected various Endangered Species Act...more
In a decision with major repercussions for the building industry in California, the California Supreme Court unanimously rejected a constitutional challenge to San Jose's affordable housing ordinance. California Building...more
In a decision that will have ripple effects on water diversions throughout California, the Court of Appeal held that section 1602 of the Fish and Game Code requires notification to the Department of Fish and Wildlife...more
Generally, a failure rate of two-thirds would indicate that what you are doing isn't profitable. However, when dealing with environmental law, that clearly isn't the case. In Cascadia Wildlands v. Bureau of Land Management,...more
In a decision with implications for all transportation projects in California, the California Court of Appeal held that the analysis of greenhouse gas emissions from transportation projects in a metropolitan transportation...more
Continuing the quarter century controversy over the listing of the Coastal California gnatcatcher (Polioptila californica californica) as a threatened subspecies, the U.S. Fish & Wildlife Service (FWS) has concluded that a...more
On July 23, 2014, the United States Court of Appeals for the Tenth Circuit held that the U.S. Environmental Protection Agency (EPA) was not required to consult with the U.S. Fish and Wildlife Service regarding potential...more
7/25/2014
/ Air Quality Standards ,
Appeals ,
Clean Air Act ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Protection Agency (EPA) ,
ESA Listings ,
National Parks ,
Popular ,
Power Plants ,
US Fish and Wildlife Service
The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have proposed two important new rules implementing the critical habitat provisions of the Endangered Species Act (ESA). 79 Fed.Reg. 27060 (May 12,...more