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Development Trend to Circumvent CEQA Through Ballot Initiative Emphasizes Need for Reform

The Los Angeles Times recently reported that proposed football stadium developers have chosen to incur the cost of collecting signatures to qualify an initiative for the ballot to obtain land use approvals rather than face...more

The Keystone XL Pipeline Veto: Much Ado ...

When one talks of pipelines in recent days one hears nearly an incessant buzz about Keystone XL, as if that is where the real action is. But it isn't, notwithstanding the histrionics over President Obama's veto of S.1, the...more

The Keystone Pipeline Cleared Hurdles in Congress, But Was Tripped Up by Presidential Veto

This new year has been marked with a flurry of activity surrounding the approval of the Keystone XL Pipeline project. Following the changing of the guard in a new Republican-led Congress, Alaskan Senator Lisa Murkowski led...more

The President’s FY2016 Federal Budget Request: Programs Relevant to Tribal Energy Development

The White House transmitted its Fiscal Year 2016 Budget Request to Congress on February 2, 2015. Overall, the budget includes over $7.4 billion in funding for clean energy technology programs across the federal agencies. ...more

California State Senators Announce Suite of Aggressive Climate Legislation

On Tuesday, February 10, several members of the California Senate proposed a package of four bills that would expand the state’s climate change and renewable energy programs, and extend those programs through 2050. If...more

Energy & Environment Update - February 2015 #2

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Energy - Department of Interior - Environmental Protection Agency -...more

With Setback Regulation Looming, Wyoming Businesses Take Heed

Now that the Wyoming legislature in its general session, a pending regulatory issue bears noting as some believe it may soon end up on the legislature’s docket. The ongoing debate over oil and gas “setback” regulations has...more

Obama Administration Announces Goal to Cut Methane Emissions by 40-45% from 2012 Levels by 2025

On January 14, 2015, the Obama Administration announced the goal of cutting methane emissions by 40–45% from 2012 levels by 2025. The goal would be achieved via a host of proposed and anticipated regulations directed at the...more

Federal Regulation of Hydraulic Fracturing Spurned by Senate

On Wednesday, January 28, the Senate voted against Amendment 48 which would allow the federal Environmental Protection Agency (“EPA”) to regulate hydraulic fracturing (“fracking”) on state and private lands. The measure was...more

Pennsylvania Governor Reinstates Ban on Oil and Gas Leasing in State Parks and Forests

On Thursday, January 29, 2015, Pennsylvania’s new governor, Tom Wolf, signed Executive Order 2015-03, thereby reinstating a moratorium on new leases for oil and gas development in state parks and forests. Wolf’s moratorium...more

Congress Passes Major Public Lands Package

For the first time in nearly six years, Congress passed a major package of public lands and natural resource bills, which was signed into law by President Obama on December 19, 2014. The package combined dozens of bills...more

New Water Reporting Requirements for Oil and Gas Operators

A new oil and gas reporting bill, Senate Bill 1281, sponsored by State Senator Fran Pavley, was signed by Governor Brown on September 25, 2014. The California Department of Conservation – Division of Oil, Gas and Geothermal...more

ML Strategies Energy and Environment Update: Week of 11/24/2014

ENERGY AND CLIMATE DEBATE - Prior to recessing for the Thanksgiving holiday, the House and Senate both took several votes and introduced numerous pieces of legislation on energy and environment related issues last...more

The Unintended Effects of Protecting the Environment – How Banning Fracking Can Lead San Benito County To Bankruptcy

On November 4, 2014, San Benito County voters went to the poles to vote on Measure J, the measure designed to prohibit hydraulic fracturing, known as fracking, and related gas and oil extraction activities, as well as other...more

Fracking Preemption Fight to Play Out in San Benito County

It appears that San Benito County will be the venue for the much-anticipated legal battle over whether local jurisdictions in California can ban hydraulic fracturing. In early November, San Benito County passed a...more

Arlington/Fairfax Streetcar Halted in Its Tracks

This latest move follows recent projections increasing the total cost of the project by tens of millions of dollars and, perhaps as a result, Arlington County election results expressing strong voter opposition to the...more

Ohio Elections Yield Mixed Results on Local Hydraulic Fracturing Bans

Last week’s Election Day in Ohio produced victories for fracing supporters and opponents alike. Proposed hydraulic fracturing bans were on the ballot in four different municipal contests. Voters in one city, Athens, approved...more

Election Scoreboard: Frackers 4, Anti’s 4

Hydraulic fracturing bans had eight at-bats last Tuesday. Here are the results. Denton, Texas - YES 58.64%... NO 41.36%...more

Changes in Congress Affect California Water Interests

Last week’s Midterm elections shifted the political landscape toward the Republicans as they captured the majority in the Senate and increased their votes in the House....more

Proposition 48: A North Fork in the Road for Tribal Casinos

Continuing our series on the 2014 California election ballot, we now turn to Proposition 48, the Referendum on Indian Gaming Compacts. If voters approve the referendum November 4th, Native American tribes may be able...more

What’s Going On in Denton, Texas?

As you probably know, the Denton City Council denied a petition signed by several thousand citizens to ban hydraulic fracturing within the city limits. The denial sent the question to the November 4 general election ballot. ...more

Continuing Efforts to Ban Single-Use Plastic Carrier Bags In Massachusetts And Beyond

Over the last several years, a number of municipalities across the nation have passed ordinances imposing bans, fees, and/or taxes on single-use plastic carrier bags distributed by retailers. In the most recent 188th...more

State Bar, Environmental Law Section Presents Update on Fracking Regulations

The California State Bar, Environmental Law Section hosts an annual conference which welcomes attorneys and students from across the state to learn and discuss cutting edge environmental law issues. This year’s Environmental...more

Suit by Denton, Texas, Royalty Interest Owners Could be Harbinger of More Suits If Proposed Hydraulic Fracturing Ban Passes

Ahead of the November 4th vote that could make it the first city in Texas to ban hydraulic fracturing, the City of Denton has been sued by a group of royalty interest owners claiming that the city’s current temporary ban...more

Substantive Dispute over Land Application of Biosolids Remains Unresolved

Form over substance continues to obscure the substantive issue presented in the case of the City of Los Angeles (City) vs. Kern County (County). At its core, the dispute involves the land application of biosolids. Biosolids...more

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