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Sixth Circuit Exercises Jurisdiction over Federal Clean Water Rule Challenges

Nationwide Stay of WOTUS Rules Remains in Effect - On February 22, 2016, the Sixth Circuit ruled that it has jurisdiction to hear numerous consolidated petitions filed in both district and circuit courts across the...more

The Long and Winding Road of the Clean Power Plan Litigation

The Clean Power Plan (CPP) is without a doubt one of the most complex and controversial regulatory undertakings in the EPA’s history, so much so that it was challenged in court – twice – before it was even published in the...more

California Environmental Law & Policy Update - February 2016 #2

Environmental and Policy Focus - Supreme Court deals blow to President Obama’s efforts to regulate power plant greenhouse gas emissions - New York Times - Feb 9 - In a major setback for President Obama’s...more

Trade & Manufacturing - February 2016

President Obama Highlights TPP, Cuba Embargo in Final State of the Union Address - On January 12, President Obama delivered his seventh and final State of the Union Address to Congress and the American people. Among the...more

Breaking News - SCOTUS Stays the Implementation of the Clean Power Plan

The United States Supreme Court ("Supreme Court"), in a rather surprising and unprecedented move, issued a ruling staying the Environmental Protection Agency's ("EPA") implementation of the Clean Power Plan. As you know, the...more

United States Supreme Court Grants Stay of EPA's 111(d) Clean Power Plan Rule

On February 9, 2016, the United States Supreme Court granted a stay of EPA's 111(d) Clean Power Plan rule imposing emissions limits on existing power plants. This stay effectively blocks the implementation of this highly...more

Energy Sector Alert Series: A Legislative Outlook

Over the next eight weeks, we will provide a broad look at current and emerging issues facing the energy sector in a series of alerts. In this series, attorneys from across the firm will discuss issues ranging from...more

New California Laws: AB 1390 and SB 226: More Groundwater

Last October, Gov. Jerry Brown signed into law two bills designed to make groundwater disputes easier and faster to resolve in court. Companion bills Assembly Bill 1390 and Senate Bill 226 are intended to streamline...more

Current Developments Affecting Hydraulic Fracturing Operations (January 2016)

With most state legislative sessions in recess and federal legislative action unlikely until after the November 2016 election, it was no surprise that there were only a handful of new developments in the fracking world during...more

California Environmental Law & Policy Update - December 2015

Environmental and Policy Focus: California high court deals blow to Newhall Ranch development project in Los Angeles County - KPCC: - Nov 30 The California Supreme Court on Monday rejected the environmental...more

Pennsylvania Federal Court Strikes Down Ordinance Banning Disposal of Wastewater as Unconstitutional

In Pennsylvania General Energy Co. L.L.C. v. Grant Township, Magistrate Judge Susan P. Baxter of the United States District Court for the Western District of Pennsylvania, in an unpublished opinion, held that several...more

Governor Signs New SGMA Legislation Outlining Procedures for Groundwater Adjudications

On Friday, October 9, 2015, Governor Brown signed into law two bills, Assembly Bill 1390 and Senate Bill 226, which outline procedures specific to groundwater adjudications. Last year, the legislature passed the Sustainable...more

California Environmental Law & Policy Update - August 2015 #4

Environmental and Policy Focus - Federal judge in South Dakota issues eleventh-hour order blocking implementation of EPA/COE’s new definition of 'waters of the United States': The Hill - Aug 27: A federal judge in North...more

California Environmental Law & Policy Update - August 2015 #2

Environmental and Policy Focus - 15 states sue to block enforcement of Obama administration climate change rules: Bloomberg - Aug 13: Fifteen states led by coal-rich West Virginia – but not including California - asked...more

Irrigation District Sues, Says State Board Lacks Jurisdiction to Curtail Senior Water Rights

On June 26, the Byron-Bethany Irrigation District (BBID) filed a petition for writ of mandate in Contra Costa County Superior Court requesting that the Court set aside the State Water Resources Control Board’s June 12, 2015...more

Utah Legislative Update: 2015 Water Law Legislation

This year the Utah Legislature took action on two water law issues that it has struggled with for several years—the authority of the State Engineer to consider forfeiture during review of change applications and the rights of...more

Mello-Roos Act Can Lawfully Finance Eminent Domain Actions

California Appellate Court Affirms Public Water District's Action to Buy Private Water Company - The Mello-Roos Act can be used to finance acquisitions by eminent domain, the Second District Court of Appeal affirmed in a...more

Court Strikes Down Surcharge on Utility Users Imposed Under a Franchise Agreement

Surcharge Collected for General Revenue Purposes Under a Franchise Agreement must be Approved by Voters - A surcharge on electric utility bills collected by a power company pursuant to a franchise agreement and remitted...more

Colorado State Court Strikes Down a Second City-Wide Fracking Ban

A Colorado state judge recently struck down a city’s voter-approved moratorium on hydraulic fracturing, or “fracking.” This marks the second time a Colorado judge has quashed a city’s fracking ban within a matter of two...more

No Legislative Denouement Yet.....

This week at the General Assembly was full of the hints that the Honorables were ready to wrap things up without actually wrapping things up....more

Governor Jindal Signs Bill Aimed at Ending Suit by Levee Board

On June 6, 2014, by signing into law SB 469, Louisiana Governor Bobby Jindal took an aggressive step towards stymieing the lawsuit recently filed by the Southeast Louisiana Flood Protection Authority-East against 97 oil and...more

How Local Drilling Regulations May Impede Business Development in WV

As governor, Senator Joe Manchin famously declared West Virginia to be “Open for Business.” Whether motivated by environmental or other concerns, however, some groups believe that, when it comes to the natural gas industry,...more

Questionning Environmental Law And Regulatory Policy

A significant issue in the recent federal government shut down was the fundamental question over the scope of government authority and its role in a wide range of activities. In short, should there be any government...more

Supreme Court Grants Limited Review of GHG Emissions Regulations

On October 15, 2013, the United States Supreme Court granted certiorari to review six of the nine submitted petitions stemming from an appellate court ruling upholding Environmental Protection Agency (“EPA”) greenhouse gas...more

The Renewable Resources Coalition Case: Pleading Around California’s Anti-SLAPP Statute

The California Court of Appeal’s recent decision in Renewable Resources Coalition, Inc. v. Pebble Mines Corporation, et al., 218 Cal.App.4th 384 (July 20, 2013), illustrates perfectly the importance of careful drafting of...more

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