Environmental Government Contracting

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News & Analysis as of

DuPont Appeal May Clarify What Constitutes a Reverse False Claim “Obligation”

On January 20, a federal district court in Louisiana certified for appeal its 2014 ruling denying defendant DuPont’s motion for summary judgment, thereby permitting DuPont to seek appellate review of the district court’s...more

DEWA releases RfP for 800MW solar IPP

The Dubai Electricity and Water Authority (DEWA) has invited pre-qualified bidders to submit proposals for Phase 3 of the Mohammed Bin Rashid Al-Maktoum Solar Park (the Solar Park Scheme). The Solar Park Scheme is central to...more

New Pilot Inspection Program for Offshore Facilities Could Have Far-Reaching Consequences for Operators

There has never been a greater focus on safety and regulatory enforcement in the offshore oil patch than today. With a steady stream of new rules, policy directives, and enforcement programs, the Bureau of Safety and...more

FAST Act Expedites Permitting and Environmental Review for Large Infrastructure Projects

Expedited permitting and environmental review for complex infrastructure projects may soon be a reality. Buried at the end of its most recent transportation reauthorization package (the “FAST Act” or “Act”) is a significant...more

Environmental Provisions of the FAST Act

On December 4, 2015, President Obama signed into law the “Fix America’s Surface Transportation Act,” Public Law 114-94 ("FAST Act"). As finally enacted, the FAST Act exceeds 400 pages in length. This paper reviews those...more

CEQA Year In Review 2015

In 2015 the California appellate courts continued to chart new ground as they grappled with some of CEQA’s most difficult and controversial questions. The Supreme Court of California led the way, issuing four opinions on...more

Will FAST Act Make Permitting Faster? Streamlining Offered for Infrastructure Projects

The new federal highway funding legislation, the Fixing America's Surface Transportation Act (FAST Act), signed into law by President Obama on Dec. 4, 2015, provides long-term funding certainty for surface transportation...more

New Highway Law Streamlines Federal Permitting and Environmental Review for Large Infrastructure Projects

Earlier this month, President Obama signed the Highway Authorization Act into law. One of the objectives of this legislation was to expedite federal authorization (licensing, permitting, approval, etc.) and environmental...more

New Law Streamlines Federal Permitting and Environmental Review Processes

Major infrastructure developers received a notable holiday gift from Capitol Hill and the White House earlier this month with the December 4, 2015 enactment of the Highway Authorization Act. Title XLI of the Act promises to...more

Energy, Infrastructure Permitting Improvement Legislation Signed by the President

The Highway Authorization Act signed into law by President Obama last Friday, December 4, includes an important set of reforms for streamlining the federal permitting process for infrastructure projects in a broad range of...more

Water Infrastructure Funding

New water infrastructure projects have limited options for federal funding. Under the U.S. House of Representatives earmark ban, Title XVI funding is limited to currently authorized projects and is subject to yearly...more

“Constituents Of Chaos” – Administrative Appellate Decision Confirms Bureau Of Safety And Environmental Enforcement Jurisdiction...

“Constituents Of Chaos” – Administrative Appellate Decision Confirms Bureau Of Safety And Environmental Enforcement Jurisdiction Over Offshore Contractors The classification of the constituents of a chaos, nothing less is...more

DONG Energy proposes Massachusetts offshore wind farm

A subsidiary of Danish energy company DONG Energy has proposed an offshore wind development to be located in federal waters off the Massachusetts coast. The "Bay State Wind" project would be a utility scale offshore wind...more

US auctions NJ offshore wind sites

The U.S. Department of the Interior has auctioned the rights to lease nearly 344,000 acres offshore New Jersey for potential offshore wind energy development. Under federal law, the Department of the Interior's Bureau...more

Modernizing the Review Process or Just More Busy Work?

Those who have worked on the permitting and environmental review for a federally funded infrastructure project know the challenges that exist in coordinating with numerous agencies that may have oversight over a project. A...more

New Jersey’s Appellate Division Holds State May Be Liable for Cleanup Costs under New Jersey’s Spill Act

Action Item: On August 26, 2015, in a case of first impression, the Appellate Division of the New Jersey Superior Court in NL Indus., Inc. v. State of New Jersey, No. A0869-14T3, 2015 N.J. Super. LEXIS 161 (N.J. Super. Ct....more

North Carolina offshore wind advances

Federal efforts to lease ocean sites off the North Carolina coast for offshore wind development advanced last week, when the Bureau of Ocean Energy Management issued a report finding that there would be no significant...more

Proposed CEQA Guidelines Amendments: A Critique Of OPR’s “Preliminary Discussion Draft” (Part I – Proposed “Efficiency...

On August 11, 2015, the Governor’s Office of Planning and Research (OPR) released a 145-page “Preliminary Discussion Draft” of “Proposed Updates to the CEQA Guidelines” (the “Discussion Draft”). The Discussion Draft “contains...more

The Animas Spill: EPA Liability and Insurance Coverage

When a contractor for the Environmental Protection Agency accidentally released three million gallons of contaminated mining work wastewater into the Animas River in August 2015, the EPA immediately took responsibility, as it...more

Navy signs solar energy deal

The U.S. Department of the Navy has announced an agreement for the development of a 210 megawatt (DC) solar project to supply electricity to Navy and Marine Corps facilities in California. The Navy described the deal as the...more

USDA Promotes Development Of More Efficient Biomass Drying Systems

On August 3, 2015, Forest Concepts, LLC received a two-year, $499,997 Small Business Innovation Research (SBIR) contract from the USDA National Institute of Food and Agriculture. The contract will support the development of...more

DOE Accepting Nominations For Biomass Research And Development Technical Advisory Committee

On July 15, 2015, DOE posted a solicitation notice for candidates for the Biomass Research and Development Technical Advisory Committee. According to the notice, DOE is specifically looking for candidates with experience in...more

Community-Based P3 Programs for Integrated Green Stormwater Infrastructure

Partnerships between the public and private sector can help improve and sustain the ability of local governments to design, construct, finance, operate and maintain various infrastructure. ...more

Fourth District Expounds On CEQA’s Responses To Comments Rules – And Abuses of the Process – As Well As Other Issues In Upholding...

In an opinion filed June 12 and ordered published on July 6, 2015, the Fourth District Court of Appeal affirmed the trial court’s judgment upholding a supplemental EIR (“SEIR 564”) for a long-planned expansion of the James A....more

Ninth Circuit Holds that the BLM’s Grant of a Right-of-Way for a Road Over Federal Land Does Not Trigger Consultation Under the...

On May 27, 2015, the United States Court of Appeals for the Ninth Circuit upheld the US Bureau of Land Management’s (BLM) grant of a right-of-way over federal land for a road (the Road Project) for a wind energy project...more

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