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Desert Renewable Energy Conservation Plan to Streamline Permitting for 20,000 Megawatts of Renewable Energy

On September 23, 2014, the California Energy Commission (“CEC”), California Department of Fish and Wildlife (“CDFW”), US Bureau of Land Management (“BLM”), and US Fish and Wildlife Service (“FWS”) released the Draft...more

FERC approves Maryland LNG project

A proposed Maryland natural gas liquefaction facility won a key federal approval yesterday, as the Federal Energy Regulatory Commission authorized Dominion Cove Point LNG, LP to build the Cove Point Liquefaction Project in...more

Truth and Illusion in the Fracking Debate

Gas Flaring - According to Earthworks, gas flaring in the Bakken and Eagle Ford Shale is out of control and tons of greenhouse gases are being fired into the atmosphere; therefore, we should ban fracking. According to...more

Governor Signs Two New CEQA Bills

Governor Brown has signed two new bills amending the California Environmental Quality Act (CEQA). AB 52 establishes new consultation procedures with California Native American tribes, and provides that an adverse change to a...more

California Environmental Law and Policy Update - September 2014 #3

Environmental and Policy Focus: California acts to manage statewide groundwater issues: Allen Matkins - Sep 19: Faced with record drought and depleted groundwater supplies statewide, the California Legislature has...more

Bridging Troubled Water: Yes or No on California Prop 1?

Fall is here. Most of us can't tell, given the soaring temperatures outside. A better thermometer might be the onslaught of political commercials we're now seeing on television. To prepare for the elections in...more

California Desert Renewable Energy Conservation Plan Aims to Provide Certainty for Renewable Developers: Draft Released

On September 23, 2014, the U.S Department of Interior and the State of California released a draft Desert Renewable Energy Conservation Plan (“DRECP”), which covers over 22 million acres in Imperial, Inyo, Kern, Los Angeles,...more

California Cities and Counties Must Expedite Their Permitting Processes for Small Residential Rooftop Solar Systems by Sept. 30,...

Under AB 2188, recently signed by Gov. Jerry Brown, cities and counties must adopt ordinances, or amend their current ordinances, to create expedited, streamlined permitting processes for small rooftop solar energy systems....more

New Law Requires Cities and Counties to Expedite Their Permitting Processes for Small Residential Rooftop Solar Systems

Cities and Counties Must Enact New Solar Permitting Ordinances by Sept. 30, 2015 - A new law imposes requirements on cities and counties regarding permitting for small residential rooftop solar energy systems. Under AB...more

California’s New Streamlined #Solar Permitting Law Goes into Effect

Over the weekend, California Governor Jerry Brown signed AB 2188, which is designed to streamline the permitting process for small rooftop solar systems. The new law seeks to give California’s Million Solar Roofs target a...more

Renewable Energy Update -- September 2014 #3

Renewable Energy Focus - New solar plant nears approval in California desert: SFGate.com - Sep 15: Despite serious environmental concerns, the California Energy Commission has given a preliminary green light to a...more

Real Estate and Land Use - Sep 2014

Evidence of Economic Infeasibility of CEQA Alternatives Explained (SPRAWLDEF v. San Francisco Bay Conservation and Development Commission) - Why it matters: In upholding the approval of a 260-acre expansion to the...more

The Canadian LNG Projects Revolution

Canada’s liquefied natural gas (LNG) market is at something of a turning point. With expanding shale reserves, an amenable regulatory environment and a general comfort with foreign investment in its oil and gas industry,...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

This monthly publication provides information on compliance deadlines, regulatory developments, and other developments in federal, Maine, Massachusetts, and New Hampshire environmental and land use laws. NEW REGULATORY...more

Aurora Energy Decision Deems Discharges Prohibited, Leaves Open Question of Permit Shield Applicability

On September 3, 2014, the United States Court of Appeals for the Ninth Circuit issued its opinion in Alaska Community Action on Toxics v. Aurora Energy Services, LLC, holding that the Clean Water Act General Permit for...more

Supreme Court Roundup: Recent Environmental Law Rulings and Pending Cases

Scaling back considerably from the October 2012 Term, the United States Supreme Court issued only a few rulings affecting environmental law during the October 2013 Term. With significant pronouncements regarding EPA’s Clean...more

Industry Group Opposes Illinois Fracking Rules

Labor groups and members of the oil and gas industry have joined together in calling for the overhaul of recently proposed rules governing fracking in the state. The pro-fracking coalition, known as Grow-IL, argues that the...more

Aboveground Storage Tank Act Interpretive Rule

This morning, the West Virginia Department of Environmental Protection (“DEP”) filed a proposed interpretive rule (the “Interpretive Rule”) with the West Virginia Secretary of State’s office implementing, in part, the recent...more

Keystone XL Pipeline Faced Scrutiny in Nebraska Supreme Court September 5, 2014 Hearing

The Keystone XL pipeline project faced a major hurdle in the Nebraska Supreme Court last Friday, as federal approval of the pipeline may be influenced by the court’s decision regarding the constitutionality of the process by...more

Nova Scotia Bans Hydraulic Fracturing

On September 3, Nova Scotia’s government announced that it will indefinitely ban high volume hydraulic fracturing onshore. According to Energy Minister Andrew Younger, “Nova Scotians have overwhelmingly expressed concern...more

NPDES Permits Are Construed Narrowly Against the Permittee

In July, we noted that the Clean Water Act’s permit shield defense would be construed narrowly, applying only where a permittee had clearly disclosed that the relevant pollutant to the agency. This week, in Alaska Community...more

Massive California Water Bond Slated for November 4 General Election as Proposition 1

2014 Water Bond targets state’s long-term water needs and aquatic ecosystems. Two months from today, the California electorate will vote up or down on a massive water bond which Governor Jerry Brown signed on August...more

Yes, Virginia, It Is Possible To Win A Fee Award Against An Environmental NGO

Last week, Judge Walter Smith, Jr., ordered the Sierra Club to pay more than six million dollars – yes, you read that correctly – to Energy Future Holdings and Luminant Generation, after finding that the Sierra Club’s Clean...more

California Environmental Law and Policy Update - August 2014 #7

Environmental and Policy Focus - Former inspector calls for state's last nuclear plant to be closed: Los Angeles Times - Aug 25 -- A former federal inspector has urged regulators to shut down California's last...more

Comments to Forest Service Groundwater Management Directive Due September 3, 2014

Comments to the Groundwater Resource Management Directive proposed by the United States Forest Service to modify Chapter 2560 of the Forest Service Manual are due September 3, 2014. The proposed directive was published in the...more

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