Administrative Agency Construction Environmental

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Project Built at Variance With EIR Subject to Late CEQA Lawsuit

Ordinarily the threat of a lawsuit under the California Environmental Quality Act (“CEQA”) passes once the statute of limitation expires – in most cases 30 days after the filing of a Notice of Determination. But a recent...more

Blue vs. Grey Over Green in Murray v. EPA; Cross-Border Rule Goes Ahead

As I posted earlier, in Murray, et al v. EPA , plaintiff Murray Energy Corporation seeks to enjoin EPA's Clean Power Plan rule even before it has been issued as a Final Rule. The Clean Power Plan proposes to regulate the...more

Three NEPA Practices That Should Go the Way of Voting on Tuesdays

...national elections are still held on Tuesdays early in November and it appears to be stuck that way, even at the expense of broader citizen engagement. NEPA practice follows this same trend, often at the expense of...more

EPA Proposes to Eliminate Affirmative Defenses for Excess Emissions During Startups, Shutdowns, or Malfunctions — Get Ready for...

This past April, the D.C. Circuit struck down the part of EPA’s cement kiln rule that would have provided an affirmative defense to civil penalties for excess emissions resulting from unavoidable malfunctions. As we noted at...more

Miami’s Future Archipelago of Floating Houses

A team of Dutch developers would like to bring a little bit of Atlantis to Miami. Earlier this month, Dutch Docklands submitted a letter of intent and request for zoning variance to the City of North Miami Beach in order to...more

Supreme Court Strikes Down Part of EPA Greenhouse Gas Permit Rule but Leaves the Rule Mostly Intact

In 2011, the Environmental Protection Agency, acting under the Clean Air Act, required all new sources that would emit more than threshold quantities of “greenhouse gases” to get a preconstruction “prevention of significant...more

New Legislative Efforts to Reform Prop. 65 – A Potentially Big Change for Small Businesses

In what is turning into a year of unprecedented talk of reform to the almost 30-year-old Proposition 65, Assemblyman Brian Jones (R-Santee) has introduced AB2361. The bill would permit a company that receives a Proposition...more

Federal Agency Approvals Beyond the Scope of the Migratory Bird Treaty Act

In the last month, two separate federal district courts have declined to extend the scope of the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712 (MBTA), to federal agency approvals of projects that plaintiffs alleged could...more

EPA and the Army Corps Propose Rules Expanding Clean Water Act Jurisdiction, Potentially Affecting Everyone Who Uses Lands Where...

On March 25, 2014, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) jointly released a long-awaited proposed rulemaking that would redefine the scope of their shared jurisdiction...more

ABRvS 7 augustus 2013, JB 2013/185 m.nt. H.P. Wiersema (Reusel-de Mierden)

Deze uitspraak gaat over verbeurde dwangsommen wegens niet tijdig beslissen en terugwerkende kracht. De ABRvS overweegt dat door de vernietiging van de uitspraak van de rechtbank en van het besluit van 26 juli 2011 is...more

EPA Formally Withdraws Numeric Turbidity Standards from Its Stormwater Rule for Construction and Development Sites

Daily Environment Report announced yesterday that EPA notified BNA that, late last year, EPA reached a settlement with the Utility Water Act Group and the National Association of Home Builders resolving litigation over EPA’s...more

Key Energy Tax Provisions Included in ‘Fiscal Cliff’ Legislation

On January 1, 2013, Congress passed the American Taxpayer Relief Act of 2012 to address the tax rate hikes and expiring tax incentives to avert the “fiscal cliff.” President Obama signed the legislation into law on January...more

EPA Tightens Air Quality Standards for Fine Particles

Revised ambient air quality standard could require more stringent control of fine particulate matter emissions. On December 14, the U.S. Environmental Protection Agency (EPA) finalized its rule tightening the National...more

Opportunities and Risks in Green Buildings -- Be careful not to overstate certifications and other environmental achievements

Adopting green business practices in a challenging economy may seem like a luxury, but some tactics, such as reducing a commercial building’s energy usage, actually can save money and make a business more competitive....more

FTC Green Marketing Guides

The Federal Trade Commission (“FTC”) announced the release of revised “Green Guides” on October 1, 2012. The Green Guides are intended to help marketers avoid making misleading environmental claims. The Green Guides are...more

Green Building Newsletter -- October 2012

In This Edition: Law & Policy Updates: ..The LEED v4 (formerly LEED 2012) Controversy ..Related Industry Events ..Recent Article & News ..Questions or Comments? Excerpt from Law & Policy...more

Renewable News - Fall 2012

In This Issue: 1. Kansas is No. 1 in the Nation for Wind Project Construction 1. Polsinelli Energy Attorneys Write Cover Article in North American Windpower 3. So What Does ‘All Of The Above’ Mean...more

The Shale Play Today - August 2012

In This Issue: - Aggregation: Common Sense Prevails & EPA Loses Major Clean Air Act Decision - Pa. PUC Begins Enforcement of Portions of Act 13 - Marcellus Shale Activity Boosts W.Va. Construction Industry -...more

Renewable Energy Update -- August 21, 2012

In This Issue: Renewable Energy Focus - 9th Circuit Won't Block Solar Plant Construction; China's Sinopec Invests in Texas Clean Power Project; New Mexico Utility Gets Green Light For Renewable Energy Rider; IPL...more

Litigation Update: California Supreme Court Grants Review Of L.A. Light Rail Case

On August 8th, the California Supreme Court granted review of the Second District Court of Appeal’s decision in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority. As previously blogged in April, the...more

North Carolina General Assembly Continues Reform Streak

After the dust settled on the North Carolina General Assembly 2012 Short Session, 203 bills had become law, a handful of which survived gubernatorial veto. Although the General Assembly did not pass land use reforms as...more

Proposed S.B. 226 CEQA Guidelines Seek to Expedite Environmental Review for Infill Development

Senate Bill 226 was enacted in 2011 to streamline review of infill development projects under the California Environmental Quality Act (CEQA), directing the Natural Resources Agency to adopt standards for eligible projects by...more

Green Building Update -- July 18, 2012

In This Issue: Green Building Focus -- Cities, not nations, are taking action on climate change; The 10 largest green roofs; Detroit rising: from garage to net zero biz incubator; eBay to build America's largest fuel...more

Designation of Western Energy Corridors: Proposed Settlement Between Environmental Groups and Federal Agencies Would Revise...

Procedures for designation of West-wide Energy Corridors pursuant to Section 368 of the Energy Policy Act of 2005 are to be revised to allay concerns that (i) construction of energy-related facilities within such corridors...more

First District Reaffirms CEQA Is Concerned With Physical Impacts On The Environment, Not Economic Ones On Government Services

The First Appellate District recently ordered partially published its opinion in City of Hayward v. Board of Trustees of the California State University (2012) __ Cal.App.4th __, 2012 WL 2832858 (cert. for pub. 6/28/12),...more

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