Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
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
Hot Topics for Waste-to-Energy Investors and Developers
Going on the Offense: Proactive Strategies to Reduce Uncertainty
Which environmental regs may impact your development projects?
Prosecuting Environmental and Toxic Torts
Deryck Palmer on What’s Next for the Energy Sector
Stealth Lawyer: Tama Matsuoka Wong, Forager for Restaurant Daniel
Regulatory Challanges When Bringing a Vehicle to Market in the United States
New Consumer Product Regulations: Manufacturers, Importers and Retailers Need to Prepare
Who pays for road damage in Pennsylvania after ACT 13?
Marcellus gas fuels Natural Gas Vehicles
Natural gas encourages industrial and large commercial end-users to revisit their operational plans
Sackett v EPA - Supreme Court Authorizes Pre-Enforcement Review of Clean Water Act Compliance Orders - David Cooke
Is Fracking Safe?
California Redevelopment Agency Update: The Implications of the Matosantos Decision
Vapor Intrusion: A Game-Changer in How Property is Being Evaluated by Regulators & Lenders
Protecting and Perfecting Condominium Entitlements in a Down Economy
In Latinos Unidos de Napa v. City of Napa (1st Dist., Div. 1, 10/10/13, A134959), ___ Cal.App.4th ___, 2013, the court of appeal found no abuse of discretion in the City of Napa’s approval of revisions to the housing element...more
On October 18, 2013, the Court of Appeal of Quebec reversed the Superior Court of Quebec’s decision in the Atocas de l’érable inc. case, quashing directive no. 06-01, used by the ministre du Développement durable, de...more
We recently reported in our August 20, 2013, newsalert that Senate President Pro Tem Darrell Steinberg’s August 6 amendments to SB 731, The CEQA Modernization Act of 2013, continued to stray further from meaningful CEQA...more
In a stunning decision, the New Jersey Appellate Division held on August 23 that the State’s general six-year statute of limitations for property damage applies to private claims for contribution under the New Jersey Spill...more
In California Building Industry Association v. Bay Area Air Quality Management District (CBIA) (Case No. A135335 (Cal. Ct. App. 1st, August 13, 2013)), the First District Court of Appeal overturned the trial court and held...more
I'll give you a hint, this is a bit of a trick question. Give up? Okay. Whenever you name a State agency, of course.
In Lavine v. State of California (pdf), a property owner filed a lawsuit after the Regional Water...more
In a much-anticipated decision filed August 5, 2013, the California Supreme Court held that CEQA requires a lead agency to assess a project’s environmental impacts against an “existing conditions” baseline – and consequently...more
On August 5, 2013, the California Supreme Court issued a split decision in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, et al. The court held that a lead agency may choose to avoid using an...more
In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (filed August 5, 2013) (“Neighbors”), a majority of the California Supreme Court justices announced a new rule regarding the baseline agencies may...more
Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (August 5, 2013, S202828) __ Cal.4th __(“Neighbors”).
What is the baseline against which environmental impacts are measured? There has been...more
BOARD OF SUPERVISORS ADOPTS NEW CEQA APPEAL PROCEDURES -
After nearly a year of effort (and after three previous unsuccessful tries by others), San Francisco Supervisor Scott Wiener crafted a California Environmental...more
The California Supreme Court has both resolved a split in the appellate courts and forged new law on the baselines agencies may use to assess projects’ environmental effects under CEQA. ...more
A new California Supreme Court decision, Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, authorizes reliance on anticipated future conditions as the “baseline” for evaluating impacts of long-term...more
In a highly anticipated decision published today, the California Supreme Court affirmed that the use of a future baseline for analyzing certain environmental impacts is appropriate when supported by substantial evidence. The...more
Late last year I blogged on the dubious decision by the Seventh Circuit in Bernstein v. Blankert which held that a settling CERCLA party did not resolve its liability to the government until it had performed all of its...more
The Georgia Court of Appeals, on July 16, issued its opinion affirming the Effingham County Superior Court’s decision to certify a class consisting of the owners of properties neighboring Georgia-Pacific’s Savannah River...more
Effective environmental review of a real estate development project under the California Environmental Quality Act ("CEQA") often requires that the approving agency and representatives of the developer work together...more
A challenge to a city’s approval of a residential development project was filed more than 30 days after the city approved the project. The trial court held that the California Environmental Quality Act (“CEQA”) challenge was...more
The recent Supreme Court case Koontz vs. St. Johns River has generated a lot of commentary and debate in the legal community and speculation concerning the ramifications of the case on various land use permitting scenarios. ...more
The U.S. Supreme Court has issued an important decision in an attempt to add clarity and help government land use planners understand the difference between reasonable requests and unreasonable demands rising to the level of...more
One of the most vexing issues arising under CEQA, particularly in cases of projects involving public-private partnerships or projects requiring public agency financial assistance, is the question of when project approval...more
Last month, the Supreme Court completed its trifecta of Fifth Amendment land-use permitting decisions by issuing its opinion in Koontz v. St. Johns River Water Mgmt. Dist., a decision resting firmly on the backs of the...more
Recently the Supreme Court issued a decision that will have a material impact on applicants seeking zoning and land use related permits. In Koontz v. St. Johns River Water Mgmt Dist., 2013 WL 3184628, No. 11-1447 (U.S. June...more
On June 25, 2013, the United States Supreme Court in Koontz v. St. Johns River Water Management District rendered a decision that protects the rights of property owners when seeking construction permits to develop their...more
In a 5-4 decision authored by Justice Alito, and joined by Chief Justice Roberts and Justices Scalia, Thomas and Kennedy, the US Supreme Court in Koontz v. St. Johns River Water Management District broadened the protections...more