Addressing Environmental Issues in Real Estate Development
Aboveground Storage Tanks: Where Are We Now?
Vapor Intrusion: New Rules by the EPA
Meet Your Deadlines: West Virginia AST Act Challenges
The Water Values Podcast: Rolling Out AMI in San Francisco with Alison Kastama and Heather Pohl (Part 1)
What Are the Important Issues for Investor-Owned Water Utilities?
Winning Formula for Construction Litigation – Lessons Learned from a Recent Trial Win
The Water Values Podcast - How Can We Resolve Water Conflicts?
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
The Water Values Podcast: Water as a Business Risk. And Opportunity. With Will Sarni
The Water Values Podcast - The Economics of Water with David Zetland, Ph.D.
Senate Bill 375 and Susatainable Communities Strategies
Manufacturers, Importers and Retailers Must Take Action Following DTSC Reveal of Priority Products
Law Prof: The Clean Air Act Needs a Reboot
Doing Business in California, Proposition 65, the California Green Chemical Initiative and the Rigid Plastic Packaging Regulations
BB&K's Charity Schiller Discusses CEQA Baseline
FCC Proposes New Rules On Local Wireless Siting
Mining: New challenges and opportunities
The Koontz Decision: Limits Conditions a Government can Impose on Developers
DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
On May 27, 2015, the United States Environmental Protection Agency and the United States Army Corps of Engineers released a final rule expanding federal jurisdiction under the Clean Water Act. The rule expands on existing law...more
Enforcement Focus on 60-Day Notification Requirement -
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has stepped up enforcement efforts concerning pipeline and LNG terminal construction....more
With a little over one month to go in the comment period on the FAA’s proposed rules for the Operation and Certification of Small Unmanned Aircraft Systems, and facing the prospect of at least another year before those rules...more
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
Why it matters: When a project’s subsequent CEQA documents fail to clearly provide public notice of material changes to a project, CEQA’s short statutes of limitation may not apply....more
I recently analyzed proposed legislation (SB 122) seeking to create an alternative procedure for preparation of the CEQA administrative record concurrently with administrative proceedings on a project and prior to any...more
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
Ordinarily the threat of a lawsuit under the California Environmental Quality Act (“CEQA”) passes once the statute of limitation expires – in most cases 30 days after the filing of a Notice of Determination. But a recent...more
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
...national elections are still held on Tuesdays early in November and it appears to be stuck that way, even at the expense of broader citizen engagement.
NEPA practice follows this same trend, often at the expense of...more
This past April, the D.C. Circuit struck down the part of EPA’s cement kiln rule that would have provided an affirmative defense to civil penalties for excess emissions resulting from unavoidable malfunctions. As we noted at...more
A team of Dutch developers would like to bring a little bit of Atlantis to Miami. Earlier this month, Dutch Docklands submitted a letter of intent and request for zoning variance to the City of North Miami Beach in order to...more
In 2011, the Environmental Protection Agency, acting under the Clean Air Act, required all new sources that would emit more than threshold quantities of “greenhouse gases” to get a preconstruction “prevention of significant...more
In what is turning into a year of unprecedented talk of reform to the almost 30-year-old Proposition 65, Assemblyman Brian Jones (R-Santee) has introduced AB2361. The bill would permit a company that receives a Proposition...more
In the last month, two separate federal district courts have declined to extend the scope of the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712 (MBTA), to federal agency approvals of projects that plaintiffs alleged could...more
On March 25, 2014, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) jointly released a long-awaited proposed rulemaking that would redefine the scope of their shared jurisdiction...more
Deze uitspraak gaat over verbeurde dwangsommen wegens niet tijdig beslissen en terugwerkende kracht. De ABRvS overweegt dat door de vernietiging van de uitspraak van de rechtbank en van het besluit van 26 juli 2011 is...more
Daily Environment Report announced yesterday that EPA notified BNA that, late last year, EPA reached a settlement with the Utility Water Act Group and the National Association of Home Builders resolving litigation over EPA’s...more
On January 1, 2013, Congress passed the American Taxpayer Relief Act of 2012 to address the tax rate hikes and expiring tax incentives to avert the “fiscal cliff.” President Obama signed the legislation into law on January...more
Revised ambient air quality standard could require more stringent control of fine particulate matter emissions.
On December 14, the U.S. Environmental Protection Agency (EPA) finalized its rule tightening the National...more
Adopting green business practices in a challenging economy may seem like a luxury, but some tactics, such as reducing a commercial building’s energy usage, actually can save money and make a business more competitive....more
The Federal Trade Commission (“FTC”) announced the release of revised “Green Guides” on October 1, 2012. The Green Guides are intended to help marketers avoid making misleading environmental claims.
The Green Guides are...more
In This Edition:
Law & Policy Updates:
..The LEED v4 (formerly LEED 2012) Controversy
..Related Industry Events
..Recent Article & News
..Questions or Comments?
Excerpt from Law & Policy...more
In This Issue:
1. Kansas is No. 1 in the Nation for Wind Project Construction
1. Polsinelli Energy Attorneys Write Cover Article in North American Windpower
3. So What Does ‘All Of The Above’ Mean...more
In This Issue:
- Aggregation: Common Sense Prevails & EPA Loses Major Clean Air Act Decision
- Pa. PUC Begins Enforcement of Portions of Act 13
- Marcellus Shale Activity Boosts W.Va. Construction Industry
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