Administrative Agency Zoning, Planning & Land Use

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SHE Matters - Summer 2015

In This Issue: - Changes to Comah Regulations - Make Sure You Are Prepared - Strengthening of Enforcement Powers Under the Environmental Permitting Regine and Tackling Waste Crime - Will You Be Affected? - The...more

Ninth Circuit Holds that the BLM’s Grant of a Right-of-Way for a Road Over Federal Land Does Not Trigger Consultation Under the...

On May 27, 2015, the United States Court of Appeals for the Ninth Circuit upheld the US Bureau of Land Management’s (BLM) grant of a right-of-way over federal land for a road (the Road Project) for a wind energy project...more

Disclosing Violations to EPA in a Digital Age

Under EPA’s Audit Policy and Small Business Compliance Policy, companies that discover, promptly disclose, and expeditiously correct environmental violations may be entitled to penalty mitigation and other incentives. EPA...more

Environmental Impact Assessments Don’t Have to Be Wise, But They May Not Assume Their Conclusion

In an important decision last week, United States District Judge Jorge Alonso rejected the Environmental Impact Statement for the Illiana Corridor Project, which would connect I55 in Illinois to I65 in Indiana. (And why...more

District Court Issues Order Allowing Plaintiffs in Case Seeking Review of Neonicotinoid Pesticides under the ESA to Utilize Extra...

On June 12, 2015, Federal District Judge Maxine Chesney issued a decision in Ellis v. Housenger (N.D. Cal.) allowing the plaintiffs to utilize expert declarations and exhibits that were not included in the certified...more

House Bill 15-1348-Urban Renewal – Frequently Asked Questions

H.B. 15-1348 was signed by the Governor on May 29. The bill enacts several changes related to urban renewal authorities and tax increment financing for such authorities including governance changes and changes related to how...more

Utah Legislative Update: 2015 Water Law Legislation

This year the Utah Legislature took action on two water law issues that it has struggled with for several years—the authority of the State Engineer to consider forfeiture during review of change applications and the rights of...more

Bureau of Land Management Releases Conservation Plans for Greater Sage-Grouse

On Thursday, May 28, 2015, the Bureau of Land Management (BLM) released fourteen final Environmental Impact Statements (EISs) that incorporate greater-sage-grouse conservation measures into the land-use plans for about 50...more

EPA and U.S. Army Corps of Engineers Finalize Rule Expanding Federal Jurisdiction Over Waters and Wetlands - June 2015

On May 27, 2015, the United States Environmental Protection Agency and the United States Army Corps of Engineers released a final rule expanding federal jurisdiction under the Clean Water Act. The rule expands on existing law...more

Court of Appeal Decision Extends Lake and Streambed Alteration Program to Water Diversions

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

Hydraulic Fracturing: State Regulatory Roundup Vol. 42

Fracking Insider Readers: We are pleased to bring you Volume 42 of our State Regulatory Roundup, including updates in Maryland, Texas, and Wyoming. As we explained in earlier volumes, we designed the Roundup to provide quick...more

En Banc Ninth Circuit Ruling Restores Certainty to Federal Recognition of "Indian Lands"

On June 4, 2015, the Ninth Circuit Court of Appeals issued its en banc decision in Big Lagoon Rancheria v. California, a case in which Big Lagoon Rancheria, a federally recognized Indian tribe, sought to compel the State of...more

Nothing but Nonsense in New EPA Rule on Emissions

In response to a petition for final rule-making filed by the Sierra Club, the U.S. Environmental Protection Agency issued on May 22, 2015, its final action requiring 36 states to revise their state implementation plans...more

B.C. Court of Appeal Overturns Restrictive Public Disclosure Standards for Development Projects

The City of Vancouver and Brenhill Developments Ltd. successfully appealed the January 27, 2014, decision of the BC Supreme Court (BCSC) in Community Association of New Yaletown v Vancouver (City), 2015 BCSC 117. The appeal...more

Ballard Spahr provides comments to HUD’s proposed rule on Section 3 regulations

As a follow up to our March 24, 2015 and April 1, 2015 posts, the U.S. Department of Housing and Urban Development (HUD) published a notice updating the interim regulation at 24 CFR Part 135, which provides for compliance...more

Clean Water Act: New Rule Significantly Expands Reach of Federal Jurisdiction

On May 27, 2015, the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) finalized the long-anticipated Clean Water Rule. The Rule defines the term “waters of the United States” as used by...more

Santa Monica Takes Bold Steps to Enforce its Short-Term Rental Regulations

One of the chief issues facing local governments as they contend with regulation of short-term rental marketplaces is the trouble of enforcing whatever framework they develop. After passing tough regulations last week, the...more

Floods in Texas, Flood Mapping, Flood Dollars

Floods on the Rio Blanco these past few days demonstrate the link to climate change, but not in the way you think. It was a horrible Memorial Day weekend in Hays County, Texas. At least three people died from the worst...more

Claims about Biodegradable Plastics Breakdown Under FTC Scrutiny: Marketers Beware!

In the recent administrative proceeding before the Federal Trade Commission (FTC) against ECM Biofilms, Inc. (ECM), the FTC’s presiding chief administrative law judge (ALJ) ruled that the plastics additive manufacturer ECM...more

Federal Government Proposes Revisions to Endangered Species Act Regulations

While a number of Endangered Species Act (ESA) reform bills continue to wind their way through Congress (see our May 6, 2015 post), Monday, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS)...more

Court Of Appeals Upholds General Permit Procedures For Storm Water Discharge

The New York State Court of Appeals, in Natural Resources Defense Council, Inc. v. New York State Department of Environmental Conservation , recently rejected a challenge to the general permit procedures adopted by New York...more

Wrap-Up of Federal and State Chemical Regulatory Developments, May 2015.

EPA Releases TSCA Work Plan Chemical Problem Formulation, Initial Assessment For 1,4-Dioxane: On April 28, 2015, the U.S. Environmental Protection Agency (EPA) released the Toxic Substances Control Act (TSCA) Work Plan...more

Major Revision to Development of Regional Impact Review Process Passed by 2015 Florida Legislature; Awaits Action By Governor

On April 24, the Florida House of Representatives added its approval to CS/CS Senate Bill 1216, an omnibus growth management bill. Most significantly, for new projects that are not currently exempt, the bill replaces the...more

California Water Law Update

To address the worsening drought, on April 1, 2015, Governor Brown issued Executive Order B-29-15 (“Executive Order”), mandating a 25% reduction in potable urban water consumption. In response, the State Water Resources...more

DOT Tank Car Rule Reflects Refined Cost-Benefit Analysis

On May 1, 2015, the U.S. Department of Transportation, acting through the Pipeline and Hazardous Materials Safety Administration, issued a much-anticipated final rule on the enhanced tank car standards and operational...more

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