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Air Quality Law Alert: U.S. Supreme Court Blocks EPA Coal Plant Air Toxics Standards

Earlier today the US Supreme Court issued a 5 to 4 decision in Michigan v. EPA that struck down the U.S. Environmental Protection Agency’s (EPA) Mercury and Air Toxics Standard (MATS) rule. The MATS rule imposes stringent...more

Supreme Court Update: Michigan V. EPA (14-47) And Arizona State Legislature V. Arizona Independent Redistricting Comm'n (13-1314)

The last day of school is always anticlimactic, with finals done and yearbooks already signed. That may have described the atmosphere on First Street yesterday, but make no mistake: The Court ended October Term 2014 term with...more

Wyoming Federal District Court Stays BLM’s Hydraulic Fracturing Rule

On June 23, a coalition of industry, states, and tribal interests convinced a federal judge to stay the effective date of the Bureau of Land Management’s (BLM) hydraulic fracturing rule. The stay demonstrates the first step...more

In Suing Commonwealth of PA, Clean Air Council Takes A Stand For Up-To-Date Building Codes

There is a war on building codes across the United States, and Pennsylvania is ground zero. After years of regular building code updates, a law was passed in 2011 (Act 1) at the urging of the Pennsylvania Builders...more

"Supreme Court: A Term-End Review"

As the U.S. Supreme Court’s 2014-15 term draws to a conclusion, the Court has resolved — or will resolve in a matter of days — several cases with potentially wide-reaching implications for a range of important policy and...more

Recent Developments Regarding Disposal of Pharmaceutical Products

Recent environmental developments may impact the health care industry and should continue to be monitored. Several environmental developments related to the discarding of pharmaceutical products (including veterinary...more

California Supreme Court Rules that Ordinance Intended to Increase Number of Affordable Housing Units is a Lawful Exercise of the...

In one of the most widely followed land use cases in recent years, the Supreme Court of California unanimously upheld the City of San Jose’s affordable housing ordinance because it was intended to advance the constitutionally...more

Governor Brown Nominates Two for Fish and Game Commission

Governor Brown has announced the nomination of Eric Sklar and Anthony Williams to serve on the California Fish and Game Commission (Commission). The five-member Commission is established under article IV, section 20 of the...more

Nine Western States Throw Their Support Behind Case Challenging Reach of the Endangered Species Act

On May 26, nine western states filed an amicus brief in People for the Ethical Treatment of Property Owners (PETPO) v. United States Fish and Wildlife Service urging the 10th Circuit Court of Appeals to limit the reach of...more

North Carolina General Assembly Week in Review

The Senate began its budget process last week, releasing a draft schedule to senators outlining precisely how the General Assembly can have a budget in place by June 30th. Senate budget leaders have already indicated that the...more

Emergency Work Can Modify a Project’s Environmental Baseline

CREED-21 v. City of San Diego (2015) 234 Cal.App.4th 488 - Why It Matters: This decision provides an important clarification of what constitutes the “environmental baseline” under the California Environmental Quality Act...more

Final Clean Water Act Rule Likely to Expand Act’s Application

Expansion could result in significantly increased costs in permitting requirements for the regulated community. On May 27, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (the Army Corps)...more

Alameda Drug Disposal Ordinance: Supreme Court Denies Petition for Writ

The United States Supreme Court has declined to hear a challenge to the Alameda County Drug Disposal Ordinance (“Ordinance”) brought by three pharmaceutical trade organizations. The Court’s decision leaves in force the Ninth...more

2015 Florida Legislative Update: Environment, Growth Management and Water

The Florida Legislature concluded its 2015 regular session on May 1, 2015. However, for all practical purposes, the session ended on April 28, when the House unexpectedly adjourned three days early after it became clear the...more

DC Circuit Holds Groups Lack Standing to Challenge Two Controversial U.S. Fish and Wildlife Service Settlement Agreements

On Tuesday, May 26, 2015, the U.S. Court of Appeals for the District of Columbia Circuit rejected the National Association of Home Builders’ and three other associations’ (collectively, NAHB) challenge to separate settlements...more

Easy Cases Make Better Law — Standing Edition

In an interesting, but not really difficult, decision on Tuesday, the D.C. Circuit Court of Appeals found that the National Association of Home Builders did not have standing to challenge a consent decree pursuant to which...more

D.C. Court Upholds Forest Service’s 2012 Planning Rule

In a decision issued April 28, 2015, a U.S. District Court for the District of Columbia dismissed an action challenging the U.S. Forest Service’s (Service) 2012 National Forest Planning Rule (Planning Rule). The Service is...more

Suit by “Interested,” Neighboring Municipalities to Enforce SEQRA Requirements Does Not “Impose or Implement” a Land Use...

On March 27, 2015, the Southern District of New York granted summary judgment in favor of all defendants in the consolidated action Bernstein v. Wesley Hills, 08-CV-156; 12-CV-8856 (KMK), (the “Wesley Hills” Action). The...more

Illinois Supreme Court Declines to Apply Environmental Injunction Retroactively

In July 2004, the Illinois legislature amended the state Environmental Protection Act to authorize the Attorney General to seek “an injunction, prohibitory or mandatory, to restrain violations . . . or to require such other...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Committee Deadlines Set - While it seems just a few weeks ago that committees were...more

Final Rules Released for Hydraulic Fracturing on Federal and Tribal Lands

The Bureau of Land Management contends that its new rules are consistent with state regulations and industry standards, but stakeholders believe that the rules are unnecessary or simply miss the mark. ...more

Gas Lines to Pipelines: The Case for Comprehensive Federal Energy Legislation

We’ve struggled with the consequences of an insufficient federal energy policy for nearly half a century. From the gas lines of the 1970s to the Keystone XL pipeline controversy of the past several years, the federal and...more

Real Estate and Land Use - March 2015

Be Careful What You Agree To (City of San Marcos v. Loma San Marcos, LLC) - Why It matters: The Court of Appeal affirmed the trial court decision upholding an agreement between the City of San Marcos and a property owner...more

New Source Review Update: Courts Limit Aggregation for Major Source Determination and Challenges to NSR Pre-Project Emissions...

Pennsylvania Court Limits NSR Permit Aggregation - In February, the Middle District of Pennsylvania struck down an environmental group’s challenge that Ultra Resources should have aggregated eight compressor stations...more

What’s a Significant Nexus? The Answer, My Friend, Is Flowin’ Through the Ditch.

Even assuming that the “significant nexus” test from Justice Kennedy’s concurring opinion in Rapanos defines waters of the United States subject to Clean Water Act jurisdiction, the question remains what establishes a...more

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