Citing new genetic evidence that the coastal California gnatcatcher is not a distinct subspecies as previously claimed, but is part of a single, healthy and abundant species that ranges from Southern California to the...more
On May 12, 2014, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service proposed two important new rules (50 CFR Part 402 and 50 CFR Part 424) implementing the critical habitat provisions of the...more
The California Environmental Quality Act has long been a key weapon in the ongoing war over development in California. In the last few years, the front line of the war has shifted to big-box retail projects.
Originally...more
In the latest decision addressing challenges to "big box" projects under the California Environmental Quality Act ("CEQA"), on February 28, 2014, the California Court of Appeal invalidated the approval of a retail project in...more
On an issue of first impression, a California court has created a judicial exception to the “take” prohibition in the state’s fully protected species statutes. On March 20, 2014, the California Court of Appeal held that the...more
In a decision of national importance for transit and highway projects, on Feb. 18, 2014, the Ninth Circuit Court of Appeals rejected environmental challenges to the 20-mile Honolulu Rail Transit Project. On the same day, the...more
On the front page of Nossaman's website, we report on the result of decisions by the United States Court of Appeals for the 9th Circuit and the United States District Court for the District of Hawaii that allow the...more
In a decision of national importance for rail transit and highway projects, the Ninth Circuit Court of Appeals rejected NEPA and Section 4(f) challenges to the 20-mile Honolulu Rail Transit Project. HonoluluTraffic.Com v....more
In a major victory for advocates of regulatory action to address climate change, the Court of Appeals for the District of Columbia Circuit rejected challenges to the listing of the polar bear as a threatened species. ...more
In an important victory for the $5 billion Honolulu rail transit project, on December 27, 2012 the U.S. District Court in Hawaii issued a judgment allowing construction of the first three phases of the 20-mile Project to...more
On December 19, 2012 the Federal Transit Administration executed a $1.5 billion Full Funding Grant Agreement for $ 5 billion, 20-mile, Honolulu rail transit project. The Project will serve the heavily congested corridor...more
On September 25, 2012, Governor Jerry Brown signed Assembly Bill 2402 and Senate Bill 1148, which make a number of changes to the Fish and Game Code, into law. AB 2402 was sponsored by Assemblyman Jared Huffman and SB 1148...more