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
Hot Topics for Waste-to-Energy Investors and Developers
Which environmental regs may impact your development projects?
Prosecuting Environmental and Toxic Torts
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
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
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
Roberson v. City of Rialto (4th Dist., Div. 2, 5/21/2014, E058187) -
The Fourth District Court of Appeal affirmed a judgment denying a petition for writ of mandate to invalidate project approvals for the construction...more
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
Simply stated: “[a] collateral attack is not a substitute for an appeal” reasoned the Second Appellate District Court in Bowman v. California Coastal Commission (2nd Dist., Div. 6, 03/18/2014, B243015) ___Cal.App.2nd___,...more
In a lengthy, mostly published opinion filed on March 20, 2014, the Second District Court of Appeal reversed the trial court’s judgment granting a writ of mandate, and upheld – as against state law challenges brought by a...more
The trend of cases holding that the NSR provisions of the Clean Air Act constitute a one-time preconstruction review requirement got stronger earlier this month, as the decision in Sierra Club v. Oklahoma Gas and Electric...more
JMBM has prevailed in the Court of Appeal on behalf of its client in a well-publicized and hotly-contested development project in the City of Los Angeles. The court's published opinion will come as welcome relief to property...more
In a partially-published opinion filed January 30, 2014, the First District Court of Appeal, Division 3, reversed the trial court’s judgment denying a writ petition, and held that Caltrans must correct certain deficiencies in...more
In a decision recently ordered published, the Fourth District Court of Appeal added to the growing progeny of Save Tara, and affirmed the trial court’s judgment denying the City of Irvine’s writ petition seeking to compel...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
A local air quality management district proposed new thresholds of significance for air pollutants to meet tighter state and federal air quality standards and to clarify analysis of air pollutant impacts under the California...more
On August 21, 2013, the U.S. Court of Appeals for the 3rd Circuit roundly dismissed an enforcement action brought under the federal Clean Air Act (CAA or the Act) by the U.S. Environmental Protection Agency (EPA) and several...more
While Real Party in Interest Wal-Mart Stores did not elect to seek California Supreme Court’s review of the Fifth District’s controversial decision in Citizens for Ceres v. Superior Court (2013) 217 Cal.App.4th 889, the...more
Yesterday, the Court of Appeal for the First District issued its ruling in California Building Industry Association v. Bay Area Air Quality Management District. In a win for public agencies, the court held that establishing...more
In a victory for public agencies, the California Supreme Court today issued its much-anticipated ruling in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (August 5, 2013). The Court held that, in...more
On July 8, 2013, in United States v. Midwest Generation, et. al, the U.S. Court of Appeals for the Seventh Circuit ruled that the failure to obtain a prevention of significant deterioration (PSD) construction permit under the...more
On September 14, 2012, the Fifth District Court of Appeal decided in Coalition for Clean Air v. City of Visalia that a Notice of Exemption (NOE) filed before the final approval of a proposed project is invalid and does not...more
The First Appellate District recently ordered partially published its opinion in City of Hayward v. Board of Trustees of the California State University (2012) __ Cal.App.4th __, 2012 WL 2832858 (cert. for pub. 6/28/12),...more
In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, et al. (“Neighbors for Smart Rail”), the California Court of Appeal for the Second District considered plaintiff and appellant Neighbors for Smart...more
As seen in DRI For The Defense.
A deep recession and lethargic recovery have taken their toll on the U.S. construction industry. But despite the overall sluggishness in the construction sector, the U.S. green-building...more
In This Edition:
*Law & Policy Updates:
..Henry Gifford’s Lawsuit Against U.S. Green Building Council Dismissed; LEED 101: A Look at the Proposed LEED Update - LEED 2012; and ML Strategies Energy and Environment...more
The Ninth Circuit recently heard oral argument in a potentially significant case raising climate change issues. See Kivalina v. Exxon Mobil Corp., No. 09-17490 (9th Cir.)(oral argument 11/28/11).
We have posted on this...more
On April 27, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) (“the Agencies”) issued draft guidance (“Proposed Guidance”) that signals a dramatic expansion of asserted...more
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