Environmental Transportation Administrative Agency

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DOT Denies Request to Prohibit Shipment of Bakken Crude Oil on Older Tank Cars; Environmental Groups Push Battle to Courtroom

On December 2, 2014 following the Department of Transportation’s (“DOT”) November 7, 2014 denial of their request for an immediate ban on use of older DOT-111 or CTC-111 railcars for the shipment of crude oil from the Bakken...more

Transportation Projects Get A Lot Of Deference in Demonstrating Compliance With Air Quality Standards

In a decision late last month, the 9th Circuit Court of Appeals made clear just how much deference agencies can get under the Supreme Court decisions in Chevron and Auer. The question in NRDC v. USDOT was whether, in...more

Wrap-Up of Federal and State Chemical Regulatory Developments, 10/14

EPA Schedules SAP Meeting On Endocrine Activity: On September 16, 2014, the U.S. Environmental Protection Agency (EPA) announced that it has scheduled a four-day meeting of the Federal Insecticide, Fungicide, and Rodenticide...more

First District Holds CEQA’s Application To Public Agency’s Approval of Railroad Operations Is Preempted By Federal Law Despite...

The North Coast Railroad Authority (NCRA), a public agency established by state law, contracted with Northwestern Pacific Railroad Company (NWPRC) to allow NWPRC to conduct freight services on tracks controlled by NCRA....more

CEQA Alert: Court of Appeal Blunts Latest CEQA Attack on California’s High-Speed Train System

On July 24, 2014, California’s Third Appellate District affirmed a trial court’s ruling that the California High-Speed Rail Authority’s (Authority’s) revised final program environmental impact report/environmental impact...more

Court Signals Green to $8.6bn California High-Speed Rail Bond Issuance

The Third District Court of Appeal reversed a Sacramento Superior Court Judge’s ruling that prohibited the High Speed Rail Authority (HSRA) from selling bonds under Proposition 1A to construct the High Speed Rail Project...more

Eight Is Not Enough: CEQA Challenge To Eighth Addendum To San Jose International Airport Master Plan EIR Is Rejected By Sixth...

In a decision filed June 6, but not certified for publication until July 2, 2014, the Sixth District Court of Appeal affirmed the trial court’s judgment upholding the City of San Jose’s eighth addendum to its Airport Master...more

EPA Asks STB to Resolve Preemption Question

The Administrator of Region IX of the Environmental Protection Agency (EPA) has petitioned the Surface Transportation Board (STB) for a declaratory order to address whether locomotive idling rules issued by the South Coast...more

FTA And FHWA Issue New MAP-21 Guidance That Could Penalize Wildlife Agencies

The Moving Ahead for Progress in the 21st Century Act (MAP-21), Pub. L. 112-141, governs Federal funding and authorization for certain surface transportation projects. Included in MAP-21 is a provision requiring all Federal...more

9th Circ. Simplifies Enviro Process For Transit Projects

In a decision of national importance for transit and highway projects, on Feb. 18, 2014, the Ninth Circuit Court of Appeals rejected environmental challenges to the 20-mile Honolulu Rail Transit Project. On the same day, the...more

Energy and Environment Update -- January 6, 2013

In This Issue: Energy and Climate Debate; Congress; Department of Energy; Department of Interior; Department of Transportation; Environmental Protection Agency; Federal Trade Commission; Nuclear Regulatory Commission;...more

Putting the Brakes on San Diego’s Transportation Plan

The first “Sustainable Communities Strategy” adopted to guide long-range land use and transportation planning under SB 375 now has the distinction of being the first such plan set aside for failing to comply with the...more

Federal Transportation Law MAP-21 Seeks to Expedite Environmental Reviews

On October 1, 2012, the 2012 federal surface transportation reauthorization law, known as “Moving Ahead for Progress in the 21st Century” (or MAP-21), goes into effect. The legislation was passed after intense partisan...more

CEQA Exception For Bike Lanes Nearing The Finish Line

While most attempts to push-through last-minute CEQA reform were parked until next year, one bill, AB 2245, glided through the legislature and now heads to the finish line on Governor Brown’s desk for signature. The bill,...more

Governor Quinn Signs Bill That Will Result In Illinois Following Federal Air Regulations

http://illinoisenvironmentallaw.com/uncategorized/governor-quinn-signs-bill-that-will-result-in-illinois-following-federal-air-regulations/ Illinois Governor Pat Quinn recently signed a bill passed in the General Assembly,...more

Who pays for road damage in Pennsylvania after ACT 13? [Video]

The Commonwealth of Pennsylvania continues to experience dramatic increases in heavy-truck transportation activity associated with Marcellus Shale. So much so that approximately one-quarter of all PA-state routes are now...more

McAfee & Taft RegLINC - July 2012: PHMSA penalties up in 2011 By Chris Paul.

The Pipeline and Hazardous Materials Safety Administration (PHMSA) collected approximately $2.15 million in civil penalties from its hazardous materials regulatory enforcement efforts in the 2011 calendar year. The agency...more

Department of Energy Releases $40 Million Solicitation to Fund Pilot - and Demonstration-Scale Biorefineries

On June 15, 2012, the Department of Energy (DOE) Biomass Program issued a long-anticipated funding opportunity announcement for innovative pilot- and demonstration-scale advanced biorefineries. As discussed in a recent WSGR...more

West Coast Electric Highway Goes East

To date most of the focus on the West Coast Electric Highway has been on the series of DC fast charge stations situated along I-5 between the British Columbia and California borders, but now there’s an eastern component along...more

Marcellus gas fuels Natural Gas Vehicles [Video]

Marcellus shale significantly impacts energy issues. Natural gas is an abundant, reasonably priced and clean energy source. In this video, attorney James P. Dougherty talks about a vital Marcellus end use application - NGVs...more

Pennsylvania Announces $20 Million Grant Program to Convert Fleet Vehicles to Natural Gas

On June 4, 2012, the Pennsylvania Department of Environmental Protection announced a $20 million competitive grant program for companies and organizations to convert fleet vehicles to be fueled by natural gas. The grant...more

Court Rejects Attempt to Expand RCRA to Diesel Exhaust

On May 29, 2012, the Central District of California dismissed a lawsuit filed by a number of environmental groups seeking to apply the Resource Conservation and Recovery Act (“RCRA”) to any gaseous emissions that have the...more

Episode 65 – John Kalb Talks Electric Vehicle Charging Strategies

In Episode 65 of The Wendel Forum (originally aired on June 2, 2012, on 960 KNEW AM radio), show moderator Bill Acevedo, chair of Wendel Rosen’s sustainable business practice group, welcomes John Kalb, founder of EV Charging...more

Texas Environmental Update - May 17, 2012

The environmental practice of Bracewell & Giuliani LLP offers seamless, front-rank representation in local, state, national, and cross-border regulatory, enforcement, and litigation matters, as well as experienced counsel on...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

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