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Bats, Water, Soil, and Bridges- an Engineer’s dream

Want to know how bats may effect your engineering plans? Want to hear about cool new bridges? Read on. Over the past month, I’ve had the pleasure of attending two events hosted by the North Carolina Chapter of the...more

Update on the California High Speed Rail System

James Andrew, Assistant Chief Counsel for the California High-Speed Rail Authority (“CHSRA”), spoke Tuesday, October 14, at the Sacramento County Bar Association, Environmental Law Section Luncheon. He stated that High-Speed...more

California High Speed Rail Authority Gains New Approvals to Move Project Forward: Eminent Domain Proceedings Commenced on Eight...

Despite recent obstacles, the California High Speed Rail Authority (the “Authority”) remains steadfast in its determination to complete the high-speed rail project (the “Project”), bolstered by recent approvals from various...more

The Construction Advantage – Issue 2

We hope you enjoy Bernstein Shur’s second edition of The Construction Advantage. This newsletter will provide you with insight into the current legal issues in construction, news and updates. Our goal is to provide practical...more

Major Court of Appeals Decision Allows Construction of $5 Billion Transit Rail Project in Honolulu to Proceed

On the front page of Nossaman's website, we report on the result of decisions by the United States Court of Appeals for the 9th Circuit and the United States District Court for the District of Hawaii that allow the...more

CEQA Requires CalTrans’ EIR to Separately Analyze Significance of Highway Project’s Impacts on Protected Old Growth Redwoods’ Root...

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

Governor's Budget Proposal Throws a Life Preserver to the High-Speed Rail Project

On the heels of Sacramento County Superior Court Judge Michael Kenney’s decision halting an $8 billion bond sale for the construction of the California high-speed rail (“HSR”) project, Governor Jerry Brown has submitted a...more

Major Roadblock in High-Speed Rail Project's Track

A ruling by the Sacramento County Superior Court has presented a major roadblock to the California High-Speed Rail Authority’s (“Authority”) high-speed rail project (“Project”). On November 25, 2013, Judge Michael Kenny...more

Seventh Circuit Draws Roadmap For Section 404 Review Of Major Infrastructure Projects

A recent opinion from the U.S. Court of Appeals for the Seventh Circuit provides a useful roadmap for U.S. Army Corps of Engineers’ review of major infrastructure projects under Section 404 of the Clean Water Act. See...more

California High-Speed Rail Authority Violated Proposition 1A

The California High-Speed Rail Authority (“Authority”) had a major setback on Friday when Sacramento County Superior Court Judge Michael Kenny ruled that the Authority had “abused its discretion by approving a funding plan...more

State Supreme Court Makes Key CEQA Ruling Involving Baseline Analyses - Future Conditions Can Be Used as the Sole Baseline for...

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

FHWA Proposes Fix Avoiding Need for Special Approval to Include Alternative Technical Concepts in Design-Build Procurements

On August 1, 2013, the Federal Highway Administration (FHWA) issued a Notice of Proposed Rulemaking (NPRM) and request for comments regarding proposed changes to FHWA’s design-build regulation that would eliminate a...more

City of Agoura Hills Moving Forward with Palo Comado Interchange Project

The City of Agoura Hills is moving forward with its plans for the U.S. 101/Palo Comado Canyon Road Interchange at Chesebro Road....more

TDEC Grant Program Encourages Green Projects For Municipalities

The Tennessee Department of Environment and Conservation is once again partnering with the Tennessee Stormwater Association, the Tennessee Valley Authority and the Tennessee Department of Transportation to offer grants to...more

Amendments to the Regulations Designating Physical Activities

On April 12, 2013, the Canadian Environmental Assessment Agency released its Draft Regulations Amending the Regulations Designating Physical Activities (the Amended Regulations). According to the Regulatory Impact Analysis...more

Army Corps’ New Plant List Expected to Increase Number of Wetlands, Assertions of CWA Jurisdiction

This article analyzes the potential impacts of the 2012 National Wetland Plant List, released earlier this year. The author concludes that the 2012 NWPL could effect a sea change in wetland regulation, as it classifies far...more

NY PSC Acts on Energy Highway Initiative

New York’s “Energy Highway” continues to move forward. On October 22, 2012, the Energy Highway Task Force presented Governor Andrew Cuomo with its New York Energy Highway Blueprint (Blueprint), a comprehensive plan to upgrade...more

Fourth Circuit, Flawed NEPA Review Process Cast Doubt on the Future of the Monroe Connector Bypass Project

Why the Fourth Circuit Court of Appeals blocked the Monroe Connector Bypass Project, and what the decision may mean for the future of major highway planning in North Carolina....more

Supreme Court Rules Property Owners May Challenge EPA Compliance Orders

In a closely-watched case, the U.S. Supreme Court on March 21 told the Environmental Protection Agency (“EPA”) to stop “strong-arming . . . regulated parties” who wish to go directly to court to...more

Court Questions Use of “Modified” Baseline Approach in Transportation Improvement EIR

The City of Sunnyvale failed to comply with the California Environmental Quality Act (CEQA) when it analyzed the potential impacts of a major street extension by comparing them to traffic, noise, and air conditions that were...more

Air Resources Board Announces New Regulations for Construction Vehicle Emissions

Representatives from the Air Resources Board and the Associated General Contractors (AGC) of America trade organization recently agreed on proposed changes to the state’s landmark “off-road” regulation that will offer...more

California Air Resources Board Delays March 1 Deadline For Compliance With Off-Road Regulation

In 2007, the Air Resources Board (ARB) adopted a regulation to reduce diesel particulate matter (PM) and oxides of nitrogen (NOx) emissions from in-use (existing) off-road heavy-duty diesel vehicles in California. With the...more

A Technical (Yet Influential) Step Toward Building More While Driving Less: S.B. 375’s Regional Targets Advisory Committee Issues...

This week the reach of A.B. 32, California’s pioneering greenhouse gas emissions reduction bill, inched one step further toward the heavily guarded terrain of California’s development and driving patterns. On Tuesday, a...more

Green Building Update

IN THIS ISSUE: *California proposes a global-warming fee on businesses *GREEN BUILDING FOCUS ..A guide to Green Building Leases *Pasadena raises standard for 'green' buildings *USGBC commits additional $1 Million to...more

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