Bob Wyman: Is Cap-and-Trade Working for California?
Polsinelli Podcast - What's Around the Corner for Industries Impacted by Energy Issues?
Addressing Environmental Issues in Real Estate Development
Aboveground Storage Tanks: Where Are We Now?
Vapor Intrusion: New Rules by the EPA
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
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
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
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
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
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
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
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
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
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
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
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
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
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
In Tuolumne Jobs & Small Business Alliance v. Superior Court, No. S207173 (Supreme Court, Aug. 7, 2014), the California Supreme Court ruled that the California Environmental Quality Act (CEQA) does not apply when a lead...more
Voter-driven initiatives meeting California Elections Code requirements may be adopted directly by local governments without first conducting a full review under the California Environmental Quality Act ("CEQA"), according to...more
The Supreme Court of California has held that CEQA review was not required before the Sonora City Council adopted an initiative measure approving a specific plan for expansion of a Wal-Mart store. The court held that: the...more
In a concise 15-page opinion filed August 7, 2014, the California Supreme Court reversed the Fifth District Court of Appeal’s judgment which had held that a city may not adopt a voter-sponsored initiative with potential...more
Opinion Clarifies When CEQA Review is Required for Local Land Use Initiatives -
Local governments may adopt voter-sponsored initiatives without conducing environmental review pursuant to the California Environmental...more
On August 7, the California Supreme Court filled the last gap in the interpretation of CEQA in the context of land use initiatives. Previously, the courts had determined that (1) CEQA compliance is required for land use...more
The California Supreme Court unanimously ruled that when a city council or county board of supervisors adopts a citizen-sponsored land use initiative, rather than placing it on the ballot, it need not comply with the...more
This week at the General Assembly was full of the hints that the Honorables were ready to wrap things up without actually wrapping things up....more
On June 6, 2014, by signing into law SB 469, Louisiana Governor Bobby Jindal took an aggressive step towards stymieing the lawsuit recently filed by the Southeast Louisiana Flood Protection Authority-East against 97 oil and...more
The California Supreme Court recently heard oral argument in Tuolumne Jobs & Small Business Alliance v. Superior Court, No. S207173 (case submitted May 28, 2014), a case that gives the Justices the opportunity to determine...more
The Democratic Minority has circulated a redline version of the April 22, 2014, discussion draft of the Chemicals in Commerce Act (CICA2). A copy of the redline version of CICA2 is available online. The redline version is an...more
A CEQA reform bill (SB 1451) introduced and authored by seven (7) Democrats (Senators Correa, Galgiani, Hill, Hueso, Roth, and Steinberg, and Assembly Member Mullin) would amend Public Resources Code § 21177 to heighten...more
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