Environmental Civil Procedure Construction

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
News & Analysis as of

“Hot Bench” For Advocates In Supreme Court CEQA Subsequent Review Case

The California Supreme Court held a lively oral argument session this morning (May 4, 2016), at 9:00 a.m. in its San Francisco courtroom in the case of Friends of the College of San Mateo Gardens v. San Mateo Community...more

Williams Mullen Construction Industry Newsletter - Spring 2016

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and...more

FERC denies Oregon LNG project applications

U.S. energy regulators have denied applications to site, construct, and operate the proposed Jordan Cove liquefied natural gas (LNG) export terminal, an associated pipeline and related facilities slated for development in...more

Timing Is (Almost) Everything: FERC Implements D.C. Circuit Guidance on NEPA Review of Multiple Pipeline Construction Projects

In the wake of two recent D.C. Circuit decisions, the Federal Energy Regulatory Commission (FERC) has begun to implement its new policy concerning the review of natural gas pipeline construction proposals under the National...more

Inflatable flashboards meet historic dam

A hydropower project in Lowell, Massachusetts won the right to replace wooden flashboards with an inflatable pneumatic crest gate system -- and now seeks to modify provisions requiring specific actions to mitigate impacts on...more

Horse Of A Different Color: CEQA Does Not Require EIR Due To Psychological And Social Impacts From Closure Of Beloved Equestrian...

In a March 4, 2016 published opinion, the Fourth District Court of Appeal reversed the trial court’s judgment requiring an EIR for a small 12-home rural subdivision project based on the “psychological and social” impacts of...more

Arizona Court Holds Pollution Inapplicable to Faulty Plumbing Claims

In its recent decision in Nat’l Fire Ins. Co. v. James River Ins., 2016 U.S. Dist. LEXIS 19076 (D. Ariz. Feb. 16, 2016), the United States District Court for the District of Arizona had occasion to consider the application of...more

Washington State Court of Appeals Holds Vested Permit Applications Are Not Subject to New Municipal Stormwater Requirements

The development community won a victory in Division Two of the Washington State Court of Appeals in a ruling that excludes pending permit applications from the new low-impact development stormwater regulations that large...more

California Supreme Court Rejects Mandatory "Reverse CEQA" Analysis

The California Supreme Court issued its long awaited opinion on December 17, 2015, in California Building Industry Association v. Bay Area Air Quality Management District (CBIA v. BAAQMD), commonly referred to as the "Reverse...more

California Supreme Court Holds “CEQA-In-Reverse” Is Not The Norm, Reverses And Remands First District’s Judgment In CBIA v. BAAQMD

In a unanimous 24-page opinion authored by newly seated Justice Cuellar and filed December 17, 2015, the California Supreme Court resolved a fundamental issue regarding CEQA’s scope, holding that – with certain specific...more

Supreme Court to Resolve Split on Court Review of Clean Water Act Jurisdictional Determinations

The U.S. Supreme Court decided last week to review a ruling from the U.S. Court of Appeals for the Eighth Circuit that jurisdictional determinations under the Clean Water Act are final agency actions subject to judicial...more

Land Use Matters: Alston & Bird LLP, October 2015

At its October 27, 2015, meeting, the Board of Supervisors voted unanimously to create a new dedicated Affordable Housing Program budget unit and approved setting aside $100 million for the creation and operation of both...more

Nationwide Stay of EPA/Army Corps "Waters of the U.S." Rule Issued By Sixth Circuit Court of Appeals

The Sixth Circuit Court of Appeals today issued a nationwide temporary stay of the Clean Water Rule, which was jointly adopted earlier this year by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers...more

New Jersey’s Appellate Division Holds State May Be Liable for Cleanup Costs under New Jersey’s Spill Act

Action Item: On August 26, 2015, in a case of first impression, the Appellate Division of the New Jersey Superior Court in NL Indus., Inc. v. State of New Jersey, No. A0869-14T3, 2015 N.J. Super. LEXIS 161 (N.J. Super. Ct....more

Lesser Prairie Chicken Listing Vacated by Federal Court - What It Means for Energy Development

Last week, in a decision that surprised many, a federal court in Texas overturned the U.S. Fish & Wildlife Service’s (Service) decision last year to list the lesser prairie chicken (LEPC) as “threatened” under the federal...more

Cal State University Cannot Avoid Off-Site Traffic Mitigation Payments Because the Legislature Failed to Approve Funds

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

Bill to Streamline Federal Permitting for Major Energy and Infrastructure Projects Advances in the US Senate

On May 6, 2015, the US Senate Committee on Homeland Security and Governmental Affairs voted 12-1 in favor of a bill designed to streamline the Federal permitting process for major energy and infrastructure projects. The bill,...more

B.C. Court Allows Environmental Approvals Delay Claim to Proceed

In Carhoun & Sons Enterprises Ltd. v. Canada (Attorney General), the British Columbia Court of Appeal allowed a lawsuit to proceed against the federal government by a private developer for losses caused by delays in the...more

Texas small hydro project loses exemption

What happens to a proposed hydroelectric project takes longer than anticipated to be built, due to difficulties with project financing and severe flooding? As the developer of a proposed project in Texas recently found out,...more

California Supreme Court Establishes the Standard of Review for the Unusual Circumstances Exception to CEQA Categorical Exemptions...

Breathing life into the use of CEQA categorical exemptions, on March 2, 2015, the California Supreme Court held that a reasonable possibility that a project may result in significant effects on the environment alone is not...more

California Supreme Court Upholds Most Commonly Used CEQA Categorical Exemptions

The California Supreme Court has issued its long-awaited decision in Berkeley Hillside Preservation v. City of Berkeley, No. S201116 (March 2, 2015). The Court’s decision clears up some of the ambiguity that surrounded the...more

Second District Holds Short CEQA Statute Of Limitations Not Triggered By NOD That Fails To Provide Public Notice Of Material...

On December 15, 2014, the Second District Court of Appeal (Division 6) issued a pithy published opinion affirming the Ventura County Superior Court’s judgment. The judgment granted a peremptory writ of mandate requiring...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

Fourth District Addresses CEQA Issues Concerning Standing, Mitigation, Baseline, Piecemealing, And Responses To Comments In...

In a published decision filed October 31, 2014 (Paulek v. California Department of Water Resources (4th Dist., Div. 2, 2014) ___ Cal.App.4th ____, Case No. E060038), the Fourth District Court of Appeal affirmed the Riverside...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

49 Results
|
View per page
Page: of 2

Follow Environmental Updates on:

JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×