Civil Procedure, Environmental Law, Construction Law

Earth Matters - April 2013: Recent Decision Highlights Distinction Between Compliance With Multiple Environmental Programs

by Kimberly Barnashuk, Adam Walters | Phillips Lytle LLP on 4/26/2013

A recent New York Court of Appeals decision, Bronx Committee for Toxic Free Schools v. New York City School Construction Authority, 20 N.Y.3d 148 (2012), highlighted the interplay between the compliance process for the State...more

Coalition for Clean Air: Filing an NOE Before Project Approval Does Not Trigger CEQA's 35-Day Statute of Limitations

by Allen Matkins Leck Gamble Mallory & Natsis... on 9/24/2012

On September 14, 2012, the Fifth District Court of Appeal decided in Coalition for Clean Air v. City of Visalia that a Notice of Exemption (NOE) filed before the final approval of a proposed project is invalid and does not...more

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

by Miller Starr Regalia on 7/13/2012

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

Use of Projected Future Conditions Appropriate Baseline for Analyzing Impacts of Long-Term Infrastructure Projects

by Sheppard Mullin Richter & Hampton LLP on 4/25/2012

In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, et al. (“Neighbors for Smart Rail”), the California Court of Appeal for the Second District considered plaintiff and appellant Neighbors for Smart...more

Will Green Codes LEED to Litigation?

by Dinsmore & Shohl LLP on 4/19/2012

As seen in DRI For The Defense. A deep recession and lethargic recovery have taken their toll on the U.S. construction industry. But despite the overall sluggishness in the construction sector, the U.S. green-building...more

Green Building Newsletter - January 2012

by Mintz Levin - Real Estate on 1/25/2012

In This Edition: *Law & Policy Updates: ..Henry Gifford’s Lawsuit Against U.S. Green Building Council Dismissed; LEED 101: A Look at the Proposed LEED Update - LEED 2012; and ML Strategies Energy and Environment...more

Ninth Circuit Hears Oral Argument in Climate Change Case

by Dechert LLP on 12/13/2011

The Ninth Circuit recently heard oral argument in a potentially significant case raising climate change issues. See Kivalina v. Exxon Mobil Corp., No. 09-17490 (9th Cir.)(oral argument 11/28/11). We have posted on this...more

Don’t Go Near the Water . . . Stymied by Congress, EPA and the Corps Issue New CWA Jurisdictional “Guidance”

by Morrison & Foerster LLP on 5/4/2011

On April 27, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) (“the Agencies”) issued draft guidance (“Proposed Guidance”) that signals a dramatic expansion of asserted...more

Protecting Investigative Materials

by Lawrence Wilson on 4/5/2011

A great summary of Attorney Client and Work Product Privilege in the context of an internal investigation. Something you should keep in mind when bad things happen....more

Sierra Club Challenges RUS Lien Accommodation Regulation

by Sutherland Asbill & Brennan LLP on 8/26/2010

The Sierra Club has broadened its campaign against approvals granted by the Rural Utilities Service (RUS) related to new coal plants involving electric cooperatives. Having previously challenged specific RUS approvals, the...more

Coastal Commission's No Substantial Issue Determination Will Be Upheld Even If Project Technically Not Consistent With LCP

by Sheppard Mullin Richter & Hampton LLP on 8/6/2010

In Hines v. California Coastal Commission, the First District Court of Appeal upheld the Coastal Commission’s determination that an appeal raised no substantial issue under the California Coastal Act, and went so far as to...more

Vested Rights Under Prior Permits Do Not Establish CEQA Baseline

by Sheppard Mullin Richter & Hampton LLP on 4/28/2010

Communities for a Better Environment v. South Coast Air Quality Management District et al. ___Cal.__) (March 15, 2010; Case No. S161190) In this case, the Supreme Court of California held that neither the statute of...more

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