Environmental Elections & Politics Civil Procedure

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Breaking News - SCOTUS Stays the Implementation of the Clean Power Plan

The United States Supreme Court ("Supreme Court"), in a rather surprising and unprecedented move, issued a ruling staying the Environmental Protection Agency's ("EPA") implementation of the Clean Power Plan. As you know, the...more

United States Supreme Court Grants Stay of EPA's 111(d) Clean Power Plan Rule

On February 9, 2016, the United States Supreme Court granted a stay of EPA's 111(d) Clean Power Plan rule imposing emissions limits on existing power plants. This stay effectively blocks the implementation of this highly...more

Republican Congressmen Introduce Legislation to Opt Out of Ninth Circuit

Arizona Sen. Jeff Flake (R) and Rep. Matt Salmon (R) recently introduced a bill that would remove several western states from the United States Court of Appeals for the Ninth Circuit and move them to a proposed, to-be-created...more

Energy Sector Alert Series: A Legislative Outlook

Over the next eight weeks, we will provide a broad look at current and emerging issues facing the energy sector in a series of alerts. In this series, attorneys from across the firm will discuss issues ranging from...more

New California Laws: AB 1390 and SB 226: More Groundwater

Last October, Gov. Jerry Brown signed into law two bills designed to make groundwater disputes easier and faster to resolve in court. Companion bills Assembly Bill 1390 and Senate Bill 226 are intended to streamline...more

Bill to Nullify Clean Water Rule Vetoed

On January 19, 2016, President Obama vetoed legislation that, if approved, would have nullified the Clean Water Rule. The controversial rule, which redefines which water bodies qualify as “waters of the United States” under...more

Waters of the U.S. Rule Drowning to Start 2016

Although likely to survive a presidential veto of a joint resolution seeking to nullify the June 29, 2015 rule submitted by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers amending the definition...more

Current Developments Affecting Hydraulic Fracturing Operations (January 2016)

With most state legislative sessions in recess and federal legislative action unlikely until after the November 2016 election, it was no surprise that there were only a handful of new developments in the fracking world during...more

California Environmental Law & Policy Update - December 2015

Environmental and Policy Focus: California high court deals blow to Newhall Ranch development project in Los Angeles County - KPCC: - Nov 30 The California Supreme Court on Monday rejected the environmental...more

Pennsylvania Federal Court Strikes Down Ordinance Banning Disposal of Wastewater as Unconstitutional

In Pennsylvania General Energy Co. L.L.C. v. Grant Township, Magistrate Judge Susan P. Baxter of the United States District Court for the Western District of Pennsylvania, in an unpublished opinion, held that several...more

Governor Signs New SGMA Legislation Outlining Procedures for Groundwater Adjudications

On Friday, October 9, 2015, Governor Brown signed into law two bills, Assembly Bill 1390 and Senate Bill 226, which outline procedures specific to groundwater adjudications. Last year, the legislature passed the Sustainable...more

California Environmental Law & Policy Update - August 2015 #4

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

California Environmental Law & Policy Update - August 2015 #2

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

Clean Water Act: New Rule Significantly Expands Reach of Federal Jurisdiction

On May 27, 2015, the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) finalized the long-anticipated Clean Water Rule. The Rule defines the term “waters of the United States” as used by...more

Proposed California Bill Seeks to (Finally) Define “Knowing and Intentional” Element of Proposition 65

On February 23, 2015, Assemblyman Bill Quirk (D-Hayward) introduced legislation that would definitively define the term “knowing and intentional” that is contained in the actual text of Proposition 65 (Prop 65). There has...more

NJ Spill Act Contribution Rights in Jeopardy Under Proposed Bill: Points to Consider - M&E Environment & Energy Alert

A bill (A-3880/S-444) recently introduced in both houses of the New Jersey legislature would prevent companies and private individuals from exercising their existing contribution rights under New Jersey’s Spill Act to recover...more

Substantive Dispute over Land Application of Biosolids Remains Unresolved

Form over substance continues to obscure the substantive issue presented in the case of the City of Los Angeles (City) vs. Kern County (County). At its core, the dispute involves the land application of biosolids. Biosolids...more

California Proposes Overhaul of Standards for Analyzing Traffic Impacts

Last month Governor Jerry Brown’s Office of Planning and Research (OPR) released for public review and debate proposed draft amendments to the California Environmental Quality Act’s implementing guidelines (CEQA Guidelines)....more

Colorado State Court Strikes Down a Second City-Wide Fracking Ban

A Colorado state judge recently struck down a city’s voter-approved moratorium on hydraulic fracturing, or “fracking.” This marks the second time a Colorado judge has quashed a city’s fracking ban within a matter of two...more

California Coastal Commission Further Solidifies Enforcement Powers

An informal Attorney General advice letter and recent legislation attempt to clarify the Coastal Commission’s powers in carrying out its enforcement authority. The extent of the California Coastal Commission’s legal...more

Real Estate and Land Use - August 2014

Chula Vista Citizens for Jobs and Fair Competition, et al. v. Donna Norris, et al. - Why it matters: With land use issues and development projects increasingly the subject of local ballot initiatives, it is imperative...more

Tuolumne Jobs Case

The California Supreme Court has just issued an opinion which may encourage the use of initiatives. At issue in the case was an initiative to adopt a specific plan to streamline approval for construction and operation of a...more

Supreme Court Opens Escape Path From CEQA Via Citizens Initiative – Tuolumne Jobs & Small Business Alliance v. Superior Court

Why it matters: Project proponents may avoid CEQA altogether by gathering sufficient voter signatures and then having the local City Council approve the proposed project, without submitting the measure to a vote of the...more

California Supreme Court Holds No CEQA Review Required for a Voter Initiative-Sponsored Ordinance

In a relatively short decision, the California Supreme Court held in Tuolumne Jobs & Small Business Alliance v. Superior Court of Tuolumne County (Tuolumne Jobs) that the California Environmental Quality Act (CEQA) does not...more

Decision: Voter-Sponsored Local Land Use Initiatives Not Subject to Environmental Review

The proposed expansion of a Wal-Mart store into a Wal-Mart Supercenter in the City of Tuolumne, Calif. yielded a California Supreme Court decision that says city councils need not comply with CEQA before adopting a...more

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