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CT Law of the Land

In response to an act of illegal clear-cutting of roughly three acres of a Connecticut state forest, the offending company and the Commissioner of the Department of Energy and Environmental Protection (DEEP) entered into a...more

California Cities and Counties Must Expedite Their Permitting Processes for Small Residential Rooftop Solar Systems by Sept. 30,...

Under AB 2188, recently signed by Gov. Jerry Brown, cities and counties must adopt ordinances, or amend their current ordinances, to create expedited, streamlined permitting processes for small rooftop solar energy systems....more

Court Holds Lack of Specificity Dooms Wyoming Wolf Delisting

On September 23, 2014, the U.S. District Court for the District of Columbia invalidated the final rule issued by the U.S. Fish and Wildlife Service (Service) delisting the Wyoming Gray Wolf distinct population segment from...more

District Court Rules that Claims Challenging Forest Management Are Ripe and Final

Last week, the United States District Court for the Middle District of Florida determined that a group of plaintiffs could bring a claim against the U.S. National Park Service challenging actions that were characterized by...more

TSCA on Hydraulic Fracturing: Gateway to New Federal Rules?

Historically, states have taken the lead in regulating oil and gas development given the states’ primary interest in securing rational oil and gas development in their own boundaries. Hydraulic fracturing—a 60-year-old...more

CEQA Reform in the Courts – Public Agency Can Recover Costs Despite Petitioner's Election

After Governor Brown took office for the second time, CEQA reform through the Legislature seemed like a distinct possibility. While that possibility has all but evaporated, recent rulings suggest that courts are taking a...more

The SAB Enters the “Waters of the United States” Fray: Guess Which Side the Scientists Support

The Science Advisory Board has now provided its advice to EPA and the ACOE concerning their proposed rule clarifying the definition of “waters of the United States” under the Clean Water Act. In a brief letter that can only...more

CEQA Administrative Record Preparation Costs – Who Pays and When? First District Provides Guidance In Coalition For Adequate...

In a published decision filed September 15, 2014, the First District Court of Appeal reversed and remanded a trial court’s post-judgment order granting an unsuccessful CEQA petitioner’s motion to tax the entire $64,144 cost...more

EPA Proposes to Eliminate Affirmative Defenses for Many Clean Air Act Violations

The U.S. Environmental Protection Agency (EPA) issued a proposed rule on September 5, 2014 that would prevent states from including affirmative defenses in their Clean Air Act state implementation plans (SIPs) for emissions...more

Fifth Circuit Holds that Texas Public Utility Commission Can Limit Ability of Intermittent Wind Generators to Sell Their Power...

On September 8, 2014, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”), in a 2-1 decision, reversed an opinion by the United States District Court for the Western District of Texas (“District Court”)...more

California Environmental Law and Policy Update - September 2014 #2

Environmental and Policy Focus: House GOP bill would speed up environmental reviews: KPCC - Sep 9: As negotiations over compromise drought legislation flounder in Congress, House Republicans are pursuing an alternative...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

Legislature Passes Historic Groundwater Management Act

On August 29, 2014, the California Legislature cast the final votes necessary to move three companion groundwater management bills to the Governor's desk. If signed by Governor Brown, the bills will establish the...more

Fifth District Reaffirms Its CEQA Historicity Rules in Citizens for the Restoration of L Street v. City of Fresno

In a published opinion filed August 29, 2014, the Fifth District Court of Appeal affirmed a judgment granting a writ of mandate and finding that the City of Fresno erred in approving a mitigated negative declaration (MND) for...more

Is It Historical Under CEQA? Court Confirms Substantial Evidence Remains the Standard

Citizens for the Restoration of L Street v. City of Fresno, et al., No. F066498,(Cal. Ct. App. 5th Dist., August 28, 2014) - In a two-part opinion, the Fifth District Court of Appeal affirmed the trial court’s judgment...more

California Environmental Law and Policy Update - September 2014

Environmental and Policy Focus: Federal agency to resume leasing for hydraulic fracturing in California: ABC News - Aug 28: The U.S. Bureau of Land Management will resume issuing oil and gas leases next year for...more

Ontario Superior Court Upholds Consultation

Wabauskang First Nation v. Minister of Northern Development and Mines et al., 2014 ONSC 4424 (Decision) involved a decision of the Director of Mine Rehabilitation (Director) to acknowledge a Production Closure Plan (PCP)...more

ML Strategies Energy and Environment Update: August 2014 #2

ENERGY AND CLIMATE DEBATE - With Congress preparing to return to Washington, efforts are underway to fill the two-week session with negotiations on a continuing resolution and votes on several pre-election issue...more

How Low Will They Go? A Lower Ozone NAAQS Begins to Have An Air of Inevitability

On Friday, EPA released its “Policy Assessment for the Review of the Ozone National Ambient Air Quality Standards.” EPA staff concluded: that it is appropriate in this review to consider a revised primary O3 standard level...more

California Federal District Court Grants Partial Dismissal to Suit Alleging Violations of the Endangered Species Act

Earlier this month, a federal district court in California partially granted motions to dismiss a second amended complaint filed by the Center for Biological Diversity and the Pesticide Action Network alleging that the...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

EPA's Concern Over TCE Vapor Intrusion Is Misguided

On July 9, 2014, the Director of the U.S. Environmental Protection Agency's Superfund Division in Region 9 issued a memo to staff setting an “operational framework” to address “inhalation exposures [to trichloroethylene] in...more

Court Reluctantly Upholds Designation of Critial Habitat for Frog

Last week, the United States District Court for the Eastern District of Louisiana upheld the designation of approximately 1,544 acres of privately-owned timber land located in Louisiana as critical habitat for the dusky...more

City of San Diego's Settlement Over Alleged MS4 Permit Violations Results in Crackdown on Out-Of-Compliance Projects

On August 13, 2014, the San Diego Regional Water Quality Control Board approved a two-part settlement with the City of San Diego for violations of the City's Municipal Separate Storm Sewer System ("MS4") permits. Most of the...more

California Coastal Commission Further Solidifies Enforcement Powers

An informal Attorney General advice letter and recent legislation attempt to clarify the Coastal Commission’s powers in carrying out its enforcement authority. The extent of the California Coastal Commission’s legal...more

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