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Although some have suggested that Robinson Township, et al. v. Commonwealth, a 2013 Pennsylvania Supreme Court ruling that struck down key provisions of a state law regulating the oil and gas industry, could impair...more
In a published decision filed September 24, 2014, the Third District Court of Appeal (per Justice Robie) held that CEQA’s definition of a “public agency” that is subject to its requirements (see Pub. Resources Code, § 21063)...more
SB-1281 faced strong industry opposition due to the bill’s requirement that oil and gas drilling companies use recycled water for new operations during drought emergencies. Industry representatives have stated that such...more
Chula Vista Citizens for Jobs and Fair Competition, et al. v. Donna Norris, et al. -
Why it matters: With land use issues and development projects increasingly the subject of local ballot initiatives, it is imperative...more
Last week, New Jersey Governor Chris Christie vetoed legislation that would have banned the treatment, discharge, and disposal of fracking wastewater in the state, arguing that the bill violated the United States...more
May 15, 2014 -- David Schoenbrod, professor at New York Law School, talks about the recent ruling at the United States Supreme Court preserving the Environmental Protection Agency's power to regulate power plant pollution...more
In exchange for a $2.6 billion cut to Ohio’s state income taxes, Gov. John Kasich has proposed a package of tax increases in other areas. Included among those increases would be the gradual implementation of a 2.75 percent...more
Colorado voters may have yet another anti-fracking statewide ballot initiative to consider this November. The proposed constitutional amendment that was submitted to the Colorado Legislative Council on February 21 would...more
Governor Tom Corbett is asking the Pennsylvania Supreme Court to reconsider its December 19, 2013 decision striking down key provisions of Act 13 — a bill aimed at regulation of drilling activity in Pennsylvania’s Marcellus...more
A recent effort by two Los Angeles city councilmen to ban the sale and cultivation of genetically modified organisms (GMOs) signals an emerging trend in the attack against crop biotechnology. Municipalities in a number of...more
This session's California Environmental Quality Act ("CEQA") reform bill, Senate Bill 743 ("SB 743") packs a potentially large punch, but only for a narrow group of projects. SB 743 is the brainchild of Senator Darrell...more
Last week, in Entergy v. Shumlin, the 2nd Circuit Court of Appeals largely struck down Vermont’s efforts to close Vermont Yankee. Although three separate Vermont statutes were at issue, and Entergy made both preemption and...more
Six years after then-Gov. Arnold Schwarzenegger signed the California Global Warming Solutions Act, also known as AB 32, the California Air Resources Board (CARB) holds its first auction of emissions allowances on November...more
The Minnesota Legislature had another busy week in St. Paul with hours-long floor sessions that included the passage of many omnibus bills and approval of conference committee reports. Lawmakers are now headed home for their...more
The week after the second funnel was relatively uneventful. Dozens of bills died as a result of Joint Rule 20 and can only be resurrected as amendments to another bill, joint leadership sponsorship or as part of the standing...more
Shortly before the close of the last legislative session, I found myself writing a strongly-worded letter (on behalf of myself and interested clients of Miller Starr Regalia) to Governor Brown, the authors of proposed SB 436...more
Voters in Pennsylvania's Peters Township will never see a referendum banning oil and gas drilling if a Common Pleas judge sides with the township solicitor and blocks the question from appearing on the November...more
California voters last week approved Proposition 26, a far-reaching amendment to the California Constitution with potentially significant implications for the building industry. While most pre-election attention focused on...more
This election cycle, voters have been focused on the highly competitive and record spending top-of-the-ticket races for California Governor and U.S. Senate. The candidates’ ads have dominated the press, radio and television...more
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