Civil Procedure, Zoning, Planning & Land Use, Energy & Utilities Law

New York Appellate Court Throws Curveball at Fracking Debate

by Luke Cantrell | Baker, Donelson, Bearman, Caldwell &... on 5/9/2013

The Appellate Division of the New York Supreme Court, Third Department, unanimously rejected an appeal from Norse Energy Corporation, and affirmed the Town of Dryden’s right to prevent fracking through land use and zoning...more

Federal Court Provides Guidance on Adequacy of Consultation About Environmental Assessments of Major Resource Projects

by Jeremy Barretto, Thoma Gelbman, Suzanne MacMillan | Osler, Hoskin & Harcourt LLP on 5/8/2013

On April 23, 2013, the Federal Court of Canada released its decision dismissing an application commenced by the Conseil des Innus de Ekuanitshit (the Applicant) to judicially review the Order in Council (OIC) issued on the...more

New York Court Upholds Local Hydraulic Fracturing and Oil and Gas Development Bans

by Cassie J. Dallas | BakerHostetler on 5/8/2013

Last Friday, a four judge panel of a New York appeals court upheld two local zoning laws that prohibit activities related to oil and gas exploration and development, including hydraulic fracturing. The decisions in Norse...more

Appeals Court Upholds Drilling Bans

by Thomas Puchner | Phillips Lytle - Renewable Energy on 5/3/2013

In twin decisions handed down today, the Supreme Court, Appellate Division, Third Department upheld two local zoning laws that prohibit activities related to oil and gas development (commonly referred to as “hydraulic...more

D.C. Appeals Court Says EPA May Revoke Fill Permit After It Has Been Issued

by Marc Bruner, Edgar Washburn | Perkins Coie on 5/1/2013

In addressing an important legal issue of first impression, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the U.S. Environmental Protection Agency’s “veto” authority under Section 404(c) of the...more

Update on CEQA Reform: Steinberg’s Quest for the “Elusive Middle Ground”

by Shaye Diveley, Miles H. Imwalle | Morrison & Foerster LLP on 5/1/2013

The last year witnessed what once appeared to be a groundswell of support for the “modernization” of the California Environmental Quality Act (“CEQA”), loosely meaning easing the burden of the process itself and minimizing...more

Appeals Court Reinstates EPA “Veto” Over Corps’ Mining-Related Permit - Mingo Logan decision creates uncertainty in Clean Water...

by Denise Pettijohn, Christopher "Kip" B. Power, Robert Stonestreet | Dinsmore & Shohl LLP on 4/29/2013

In a surprising reversal, on April 23, 2013, the U.S. Court of Appeals for the District of Columbia Circuit overturned a lower court order issued on March 23, 2012, in the case of Mingo Logan Coal Company v. U.S. Envtl. Prot....more

D.C. Circuit Holds EPA Can Invalidate a Clean Water Act Section 404 Permit After It Is Issued

by Mary Lynn Coffee, George Mannina, Paul Weiland | Nossaman LLP on 4/26/2013

In a ruling that adds to the complexity of the federal regulatory landscape, the United States Court of Appeals for the District of Columbia held that the Environmental Protection Agency ("EPA") has the authority to...more

Do We Really Have A Section 404 Permit?

by Scott Broadwell | Davis Wright Tremaine LLP on 4/25/2013

The United States Court of Appeals for the District of Columbia Circuit issued an opinion on April 23 in Mingo Logan Coal Co. v. United States Environmental Protection Agency upholding the Environmental Protection Agency’s...more

U.S. District Court Says BLM Must Address Environmental Impacts of Fracking - Court Finds Fracking Operations are Subject to NEPA...

by Fernando Avila, Lucas Quass | Best Best & Krieger LLP on 4/24/2013

In an order addressing hydraulic fracturing (fracking) on federal lands, the U.S. District Court for the Northern District of California ruled that the Bureau of Land Management (BLM) violated the National Environmental...more

Supreme Court Willing to Reconsider Deference to Administrative Agencies

by Stephen Miller, Jeffrey Monhait | Cozen O'Connor on 4/24/2013

Most of the federal government's authority is exercised, on a day-to-day basis, through its administrative agencies. Central to the efficiency of those agencies — such as it is — is the judiciary's substantial deference to...more

Housing Development With Optional Retail Component Qualifies For CEQA Exemption For Residential Projects Consistent With...

by Jon E. Goetz, Jeffrey L. Massey, Leslie Z. Walker | Kronick, Moskovitz, Tiedemann & Girard on 4/24/2013

A group of citizens challenged a city’s determination that a proposed residential development qualifies for an exemption under the California Environmental Quality Act (“CEQA”) as a residential project that is consistent with...more

Earth Matters - April 2013: Fracking Moratorium Leads to Termination of Oil and Gas Leases

by Kevin Hogan | Phillips Lytle LLP on 4/23/2013

In 2008, then-Governor David A. Paterson directed the New York State Department of Environmental Conservation (DEC) to supplement its environmental impact review of oil and gas exploration in New York to consider the...more

CBD v. Salazar And The Way Forward For Fracking In Federal Minerals

by Tyler Welti | Perkins Coie on 4/18/2013

On March 31, 2013, a magistrate judge with the U.S. District Court for the Northern District of California ruled that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) in issuing...more

Supreme Court Upholds EPA's Logging Road Exception from Clean Water Act NPDES Permitting

by Lawrence R. Liebesman | Holland & Knight LLP on 4/12/2013

On March 20, 2013, the U.S. Supreme Court issued an opinion in Decker v. Northwest Environmental Defense Center that addresses the issue of "whether the Clean Water Act and its implementing regulations require permits before...more

Supreme Court Reverses 9th Circuit on Logging Roads, Deferring to EPA on Its Industrial Stormwater Rule

by Anthony Cavender, Wayne Whitlock, Tamara Zakim | Pillsbury Winthrop Shaw Pittman LLP on 4/8/2013

On March 20, 2013, the U.S. Supreme Court held in a 7-1 decision that Clean Water Act permits are not required for stormwater runoff from logging roads. The decision in Decker v. Northwest Environmental Defense Center defers...more

The Aransas Project v. Shaw: An Endangered Species Act Decision With Potential Implications for Water Rights

by Laura Evans, Alan Glen, Michael Klein | Sedgwick LLP on 4/5/2013

Last month, a federal district court in Texas ruled that state regulators proximately caused an unlawful “take” of listed whooping cranes in violation of the Endangered Species Act (ESA) because the state surface water permit...more

New Significance Standard For Greenhouse Gas Emissions Is Not New Information Triggering Supplemental CEQA Review

by Marc Bruner, Stephen Kostka | Perkins Coie on 4/3/2013

In an opinion published on March 28, 2013, a California court of appeal answered three questions under the California Environmental Quality Act that the published decisions have not yet addressed...more

Court Of Appeal Finds County Approval Of EIR For Sand And Gravel Mining Project Does Not Violate CEQA

by Jeffrey L. Massey, Daniel J. O'Hanlon, Leslie Z. Walker | Kronick, Moskovitz, Tiedemann & Girard on 4/1/2013

An organization challenged a county’s approval of a final revised environmental impact report for a project that would allow sand and gravel mining in the bed of the Cuyama River. The court of appeal affirmed the trial...more

UPDATE: Court Of Appeal Changes Its Mind On The Issue Of Whether A City Misdescribed A Project’s Objectives

by Jeffrey L. Massey, Eric Robinson, Leslie Z. Walker | Kronick, Moskovitz, Tiedemann & Girard on 4/1/2013

On November 27, 2012, a court of appeal ordered a city to correct the defects in a project description and alternatives discussion in a final environmental impact report (“EIR”) because the court concluded the city had...more

Major Environmental Decision May Also Expand Right to Appeal In Other State Permitting Cases

by Paul Collins, Jaclyn Shoshana Levine | Miller Canfield on 3/28/2013

A party challenging a state agency’s decision to issue a permit for a project may be allowed a second appeal of right, the Michigan Court of Appeals said in Natural Resources Defense Council v Department of Environmental...more

Washington Energy Update - February/March 2013

by Caileen N. Gamache, Patrick Holten, Jane Rueger | White & Case LLP on 3/27/2013

In This Issue: - Energy Highlights - Just the Facts: FERC Dismisses Third-Party Complaint of Alleged Reliability Standards Violations Due to an Insufficient Evidentiary Record - FERC Holds a Firm Line on...more

No Permits Required for Channeled Stormwater Discharges from Logging Roads

by Victoria Hollinger | Morgan Lewis on 3/27/2013

Supreme Court ruling gives deference to EPA's interpretation of its own regulations. On March 20, the U.S. Supreme Court ruled in the consolidated cases of Decker v. Northwest Environmental Defense Center and...more

EPA Loses Another Battle in the War Over Guidance: The Eighth Circuit Vacates EPA Policies on Mixing Zones and Bypasses

by Foley Hoag LLP - Environmental Law on 3/26/2013

On Monday, EPA lost another battle in the war over guidance. In Iowa League of Cities v. EPA, the 8th Circuit Court of Appeals vacated two letters that EPA had sent to Senator Charles Grassley concerning biological mixing...more

First Circuit Sets Low Bar For Clean Water Act Pre-Suit Notice, Making It Easier For Citizen Enforcement Actions To Move Forward

by John M. Formella, Brian M. Rayback | Pierce Atwood LLP on 3/15/2013

On March 13th, 2013, the United States Court of Appeals for the First Circuit held that pre-suit notice for a citizen enforcement action under the Clean Water Act (“CWA”) does not need to spell out every violation in detail. ...more

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Civil Procedure › Zoning, Planning & Land Use › Energy & Utilities Law