Bob Wyman: Is Cap-and-Trade Working for California?
Polsinelli Podcast - What's Around the Corner for Industries Impacted by Energy Issues?
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
On September 1, the U.S. District Court for the Western District of Texas, Midland Division vacated the U.S. Fish and Wildlife Service’s (“Service”) Final Rule listing the Lesser Prairie Chicken (“LPC”) as threatened. The...more
The Seventh Circuit Court of Appeals has affirmed a district court’s grant of summary judgment in an environmental toxic tort case, holding that the testimony of all three of plaintiffs’ causation experts – James Dahlgren,...more
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
Last year, after a string of defeats for EPA in its NSR enforcement initiative, I suggested that the initiative was in trouble, but that EPA was probably not yet ready to concede defeat. After the latest blow, earlier this...more
North Dakota v. U.S. Environmental Protection Agency, No. 3:15-cv-00059 (D.N.D. Aug. 27, 2015) -
A federal judge, Ralph R. Erickson, in North Dakota today granted several states’ request for a preliminary injunction to...more
On August 27, 2015, a federal District Court Judge in North Dakota issued a preliminary injunction blocking the implementation of the newly promulgated “Waters of the U.S. rule (WOTUS) (one day before the rule was to take...more
The WOTUS rule is concerning to many industry sectors because it would significantly expand Clean Water Act (CWA) jurisdiction for the agencies. In particular, the rule would extend jurisdiction to broad definitions of...more
Perhaps it is poetic justice. The litigation over the final Waters of the United States (WOTUS) rule is as disjointed and confusing as the rule itself. Following a key court ruling yesterday, the WOTUS rule is now...more
On August 11, 2015, the U.S. Court of Appeals for the Ninth Circuit denied a motion for a stay pending review filed on December 18, 2014, by the Natural Resources Defense Council (NRDC), as well as a subsequent stay motion...more
AB 1390 aims in unprecedented fashion to expedite procedures and processes for groundwater adjudications, which, in California, are known to take one or two decades before reaching a final judgment. The bill would add various...more
On August 11, 2015, the US District Court for the Northern District of California remanded a US Fish & Wildlife Service’s (FWS) 2013 final rule that had extended the maximum duration of eagle take programmatic permits under...more
On August 10, 2015, the U.S. Court of Appeals for the Ninth Circuit reversed a district court order dismissing an Endangered Species Act ("ESA") lawsuit on the grounds plaintiffs provided inadequate notice. Klamath-Siskiyou...more
Litigation over the Environmental Protection Agency’s (EPA) recently issued “Clean Power Plan” (CPP) has already begun. On August 13, 2015, 15 States (the “States”) filed an emergency petition in the United States Court of...more
As the drought drags on and lawns grow brown across California, a battle is raging over the scope of the State Water Resources Control Board’s authority to restrict the diversion of water from rivers, lakes and...more
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
On August 11, 2015, the United States District Court for the Northern District of California found that the U.S. Fish and Wildlife Service ("Service") had inappropriately relied on a categorical exclusion under the National...more
Supreme Court Advance Release Opinions:
SC19203 - Tilcon Connecticut, Inc. v. Commissioner of Environmental Protection -
Applicant sought a water diversion permit for some of its quarries for water used in its rock...more
As we discussed in a post from May 2014, the American Bird Conservancy (“ABC”) in 2014 filed a lawsuit challenging the U.S. Fish and Wildlife Service’s (“USFWS”) 2013 revisions to its eagle permit rule, alleging violations of...more
California Supreme Court Takes on CEQA Issue in State College Expansion Project -
State agencies cannot declare mitigation infeasible for construction projects on the grounds that the California Legislature has not — and...more
Environmental and Policy Focus: Coastkeeper's suit against water agency dismissed - San Diego Union-Tribune - Jul 31:
A San Diego superior court judge ruled against an environmental group on July 30, rejecting its...more
Last February, I wrote about the California State University Board of Trustees’ (CSU) unique stance concerning their responsibilities under the California Environmental Quality Act (CEQA). CSU agrees that like every other...more
The combined efforts of Massachusetts’ highest court, its legislature, and the Governor’s office are clarifying and modernizing Massachusetts public records law, which is considered by some to be one of the weakest in the...more
In Chestnut, et al v. AVX Corporation, Appellate Case 2012-212143 (S.C. Supreme Court August 5, 2014), the State Supreme Court was faced with the issue of whether “stigma damages” could apply for environmental contamination...more
City of San Diego v. Board of Trustees of the California State University -
Why It Matters: The California Supreme Court has clarified language from its prior decision in City of Marina v. Board of Trustees of California...more
In a decision that enhances the ability of local interests to obtain mitigation funds from state agencies, the California Supreme Court held that the California Environmental Quality Act ("CEQA") requires the Board of...more
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