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Land Subsidence Damage Caused by Groundwater Withdrawals in Arizona: Who Pays?

Land subsidence is a problem that affects many areas of the world, with well-publicized case studies in Mexico City, Tokyo, and certain areas within California and Arizona. ...more

Groundwater Regulation on the Rise as Counties Gear Up to Meet Sustainable Management Requirements

The enactment of the Sustainable Groundwater Management Act (SGMA), in conjunction with increasing concern over drought impacts on groundwater supplies, has set the stage for several California counties’ recent adoption of...more

MEPA Climate Change Adaptation and Resiliency Policy Available for Public Comment

The Massachusetts Executive Office of Energy and Environmental Affairs (EEA) is accepting public comments on its proposed draft Massachusetts Environmental Policy Act (MEPA) Climate Change Adaptation and Resiliency Policy...more

Are You Complying? New 2015 Laws Affecting Public Agencies

Community leaders need to be attentive to the new laws that will take effect in 2015 that deal with issues specifically relating to cities, special districts and other public agencies. These new laws cover everything from...more

Kuwait Projects to Press Ahead Following PPP Law Publication

The financial close of the 1500 MW and 105 MIGD Az Zour North independent water and power project (IWPP) in January 2014 served as the trailblazer for the start of the public-private partnership (PPP) programme in Kuwait,...more

Construction E-Note - December 2014

In this issue: - Construction Expected to Increase in 2015 - What Now? Why Maryland's Decision to Recognize the International Green Construction Code May Signal a Major Shift in the Means Utilized to Implement...more

What Now? Why Maryland's Decision to Recognize the International Green Construction Code May Signal a Major Shift in the Means...

There is little doubt that the U.S. Green Building Council (the “Council”) and its established Leadership in Energy and Environmental Design, or LEED, green building certification program have had a major impact on the United...more

Turning Manure into megawatts (Swine Farm Biogas Renewable Energy Project)

As I noted in my last post, Withers & Ravenel’s Swine Farm Biogas Renewable Energy Project, located in Bladensboro, North Carolina, is one of this year’s ACEC Excellence in Engineering Award winners....more

Rise in Middle East IWPs as Demand for Water Increases

The majority of the world’s desalination plants are located in the Middle East and we are likely to see a further increase given the region’s increasing water consumption and general water scarcity. GCC demand for desalinate...more

Upcoming Deadline for 2-year Extensions of Development Orders and Building Permits

Bilzin Sumberg's Land Development & Government Relations Group wants to remind you that if you have a current permit or development order that is scheduled to expire between January 1, 2014 and January 1, 2016, you have until...more

New Water Infrastructure Legislation Deadline for Submissions Is Dec. 3 - Innovative Projects and Creative Financing Are Favored...

The Water Resources Reform and Development Act of 2014 (WRRDA) is a major update and reformation of prior water infrastructure legislation at the federal level. Under WRRDA, developments such as port facilities, water supply,...more

Blue vs. Grey Over Green in Murray v. EPA; Cross-Border Rule Goes Ahead

As I posted earlier, in Murray, et al v. EPA , plaintiff Murray Energy Corporation seeks to enjoin EPA's Clean Power Plan rule even before it has been issued as a Final Rule. The Clean Power Plan proposes to regulate the...more

Chile Announces New Public Land Concessions for Non-Conventional Renewable Energy Projects

On October 1, 2014, Víctor Osorio, Chile’s Minister of Natural Resources, announced that 200 public land concessions were being made available, through a cooperation agreement with the Ministry of Energy, to Non-Conventional...more

Property Owners' Alert: Newly Effective Statutory Requirements for Installation of Water-Conserving Plumbing Fixtures

The real estate industry and the media recently have been focused on the updates to the Title 24 energy regulations (24 California Code of Regulations, Part 5) that became effective on July 1, 2014, and the increased costs in...more

Call Before You Dig: North Carolina's New "Underground Utility Safety and Damage Prevention Act" Takes Effect October 1, 2014

This past session, the North Carolina General Assembly replaced the existing Underground Damage Prevention Act with the Underground Utility Safety and Damage Prevention Act, which took effect on October 1, 2014....more

Desert Renewable Energy Conservation Plan to Streamline Permitting for 20,000 Megawatts of Renewable Energy

On September 23, 2014, the California Energy Commission (“CEC”), California Department of Fish and Wildlife (“CDFW”), US Bureau of Land Management (“BLM”), and US Fish and Wildlife Service (“FWS”) released the Draft...more

FERC approves Maryland LNG project

A proposed Maryland natural gas liquefaction facility won a key federal approval yesterday, as the Federal Energy Regulatory Commission authorized Dominion Cove Point LNG, LP to build the Cove Point Liquefaction Project in...more

Easements Made Easier: Building Pipelines with the Power of Eminent Domain Under the Natural Gas Act

Any person or entity seeking to construct a natural gas pipeline and successful in obtaining a certificate of convenience and necessity from the Federal Energy Regulatory Commission may exercise the power of eminent domain to...more

NPDES Permits Are Construed Narrowly Against the Permittee

In July, we noted that the Clean Water Act’s permit shield defense would be construed narrowly, applying only where a permittee had clearly disclosed that the relevant pollutant to the agency. This week, in Alaska Community...more

EPA Reinforces Standards to Use "Representative Data" After Sierra Club

On January 22, 2013, in Sierra Club v. EPA, the US Court of Appeals for the District of Columbia issued an opinion that addressed some Prevention of Significant Deterioration (PSD) permitting program issues. Following this...more

Use of Phased Permits on the Rise

As cranes tower over Miami in the post-recession development upswing, developers are once again using phased permits to expedite construction while awaiting approval for building permits. Section 105.13 of the Florida...more

Riders on the Storm Beware

Every summer, warm weather prompts millions to flock to bodies of water. While sunbathers likely give little thought to the source of water in which they frolic, design professionals and builders of public and private...more

Fifth Circuit Limits the Reach of ESA "Take Liability" for State Regulatory Agencies Based on "Proximate Causation" Principles

The Fifth Circuit's decision provides important legal and factual guidance for whether an action will cause a "take" under the ESA. While the decision only affects states covered by the Fifth Circuit (Texas, Louisiana and...more

2014 Legislative Update: Environment, Growth Management and Water

CS/CS/CS/HB 325 amends statutory provisions relating to the brownfield program and modifies the procedures for establishing a brownfield area. The bill also authorizes the local government designating a brownfield area to use...more

Capital Thinking: Energy

LEGISLATIVE ACTIVITY - SENATE ENR COMMITTEE VOTES TO APPROVE FERC NOMINEES, KEYSTONE XL BILL - On Wednesday, June 18, the Senate Energy and Natural Resources (ENR) Committee held a business meeting in executive...more

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