Civil Procedure Environmental Zoning, Planning & Land Use

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Supreme Court’s CEQA Docket Expands With Grant of Review in Newhall Ranch Case

On July 9, 2014, the California Supreme Court granted the petition for review filed by Plaintiff/Respondent Center for Biological Diversity (CBD) in Center for Biological Diversity, et al. v. Department of Fish and Game...more

Renewable Energy Update -- July 2014

Renewable Energy Focus - Supreme Court upholds EPA's power to regulate greenhouse gas: Allen Matkins - Jun 24: On Monday, June 23, in a long-awaited decision, the U.S. Supreme Court in Utility Air Regulatory Group v....more

Are We There Yet? CCS and Cost-Effectiveness Analyses

In 2011, the U.S. Environmental Protection Agency (EPA) issued pioneering guidance on the Best Available Control Technology (BACT) analysis for the control of greenhouse gas (GHG) emissions. In that guidance, EPA acknowledged...more

Ground Control to Major Tom: Appeals Court Shuts Down CEQA Challenge to San Jose Airport Master Plan

In Citizens Against Airport Pollution v. City of San Jose, No. H038781 (Cal. Ct. App. 6th Dist., June 6, 2014), Citizens Against Airport Pollution (“CAAP”) appealed the trial court’s ruling that the City of San Jose’s...more

California Environmental Law and Policy Update - July 2014

Environmental and Policy Focus - Second leg of California bullet-train line approved: SFGate.com - Jun 27: On June 27, 2014, the U.S. Department of Transportation gave its approval for work to begin on the second leg...more

U.S. Supreme Court Restricts EPA Regulation of Greenhouse Gas Emissions

On June 23, 2014, the U.S. Supreme Court issued its widely anticipated decision in Utility Air Regulatory Group v. EPA concerning the U.S. Environmental Protection Agency's regulation of greenhouse gas emissions (GHGs) from...more

Top 6 at 6: Highlights of the Top Climate Change Legal Stories in the First Half of 2014

Our semi-annual look at the top climate change legal stories is keyed on EPA. You hardly have to have been awake to be aware of the Clean Power Plan and UARG v. EPA. But other things have stirred the pot as well: three...more

New York's Highest Court Holds that Zoning Laws of New York Towns Banning Fracking Are Enforceable — A Brief Analysis of the Oral...

A non-profit, Food & Water Watch, reports that 421 measures against fracking have been passed by state and local governments and that communities across the nation are lobbying their local and state elected officials because...more

Rural Nevada Anti-Fracking Group Seeks to Enjoin Oil and Gas Lease Sale

Reese River Basin Citizens Against Fracking filed a complaint in federal court on June 27, seeking to enjoin the United States Bureau of Land Management (BLM) from holding an oil and gas lease sale. The rural group is...more

D.C. Circuit Rejects Petitions Challenging Proposed NY-NJ Gas Pipeline

The D.C. Circuit Court of Appeals recently dismissed petitions brought by the City of Jersey City, NJ, and various environmental organizations challenging the Federal Energy Regulatory Commission's ("FERC") order granting a...more

Proximate Cause and Foreseeability Are Required Elements of Endangered Species Act Liability: Fifth Circuit Reverses Injunction...

The Fifth Circuit Court of Appeals has reversed an injunction that would have prohibited the Texas Commission on Environmental Quality (“TCEQ”) from issuing new water withdrawal permits affecting an estuary where...more

Ruling That Curtails Public Agencies' Abilities to Get Order Protecting Project Planning Inspections is Decertified

Supreme Court Decides to Review Lower Court Case - An appellate court ruling that essentially curtailed the ability of public agencies to obtain a court order to conduct project planning inspections was decertified by...more

New Supreme Court Ruling On EPA Authority Over GHGs – Little Clarification on the 111(d) Regulations

Last week, the United States Supreme Court issued a significant decision in Utility Air Regulatory Group v. EPA, that substantially restricts the authority of the U.S. Environmental Protection Agency (EPA) to regulate...more

Environmental Law Alert - July 2014: New York Court Strikes Blow Against Fracking

This week the New York State Court of Appeals upheld the right of municipalities to ban hydraulic fracturing for natural gas within their borders. In Norce Energy Corp. USA v. Town of Dryden and Cooperstown Holstein...more

Fracking Alert: Home Rule Prevails In New York's Highest Court

On Monday, New York’s Court of Appeals, its highest court, upheld the power of municipalities to prohibit hydraulic fracturing (“fracking”) within their boundaries....more

Supreme Court Upholds Greenhouse Gas Emmission Limits for Large Industries, but Implementation Questions Remain

On Monday, June 22, the U.S. Supreme Court issued a much anticipated decision in Utility Air Regulatory Group v. Environmental Protection Agency where it affirmed EPA’s authority to impose limits for greenhouse gas (GHG)...more

Fifth Circuit Holds TCEQ Water Permits Not Proximate Cause of Whooping Crane Deaths, Reverses Ban on Permitting

HOUSTON, July 2, 2014 -- Following briefing and argument by lawyers from Baker Botts and the Texas Office of Solicitor General, on June 30, 2014 the United States Court of Appeals for the Fifth Circuit reversed a district...more

First District Court of Appeal Holds State Water Board May Restrict Beneficial Water Use by Senior Water Rights Holders, Relying...

Most Californians are well aware of the restrictions currently being placed on water use throughout the state. The ongoing drought and dwindling water supplies in California are dramatically affecting those with rights to...more

EPA & SCOTUS on GHG: EPA’s Proposed Rule on Emissions for Existing Sources Published for Comment & U.S. Supreme Court Makes a...

Since the U.S. Environmental Protection Agency’s (“EPA”) June 2, 2014 revelation of its Clean Power Plan to cut carbon dioxide emissions from existing fossil-fuel powered electric generators (the “Plan”), it has garnered much...more

San Mateo Tree Removal Suit Felled by CEQA Statute of Limitations

In Citizens for a Green San Mateo v. San Mateo Cnty. Comm. College Dist. et al., No. A137612 (Cal. Ct. App. 1st Dist., June 17, 2014), the First District Court of Appeal reversed the trial court’s decision and found that a...more

EPA & SCOTUS on GHG: U.S. Supreme Court Makes a Statement on EPA Authority to Regulate Greenhouse Gases as the Public Comment...

The last few weeks have brought significant developments in the U.S. Environmental Protection Agency’s (“EPA”) efforts to regulate greenhouse gas emissions. On June 18, 2014, the EPA published for public comment a proposed...more

New York Court of Appeals Upholds Ban on Hydraulic Fracturing

For readers following the developments in hydraulic fracturing and the potential insurance coverage implications, we have been tracking litigation in New York involving zoning ordinances passed by the Town of Dryden and the...more

Does the Supreme Court’s Opinion in Utility Air Regulatory Group v. Environmental Protection Agency, et al. (June 23, 2014)...

Background – The Tailoring Rule: On May 13, 2010, the United States Environmental Protection Agency (“EPA”) issued a final rule requiring new or modified stationary sources of Greenhouse Gas (“GHG”) emissions located...more

Supreme Court rejects premise for GHG Tailoring Rule, but largely maintains EPA’s authority to set GHG emission limits

In a split decision, the United States Supreme Court confirmed the Environmental Protection Agency’s authority to regulate greenhouse gas (GHG) emissions from new and modified stationary sources that are required to obtain...more

EPA Regulation of Carbon Dioxide Emissions: Supreme Court Addresses EPA's Greenhouse Gas Permitting Authority – Implications for...

On June 23, 2014, the U.S. Supreme Court handed down the first decision to place limitations on the U.S. Environmental Protection Agency's (EPA) authority to regulate greenhouse gases (GHG) under the Clean Air Act. In the...more

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