Environmental Transportation Zoning, Planning & Land Use

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
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Crude-By-Rail Update: Siting a Crude Oil Transloading Terminal in California? Developers Should Seek Old Industrial Sites and...

Proposed crude-by-rail (CBR) projects in California increasingly face opposition lawsuits designed to stall and derail the terminals. The suits often focus on alleged noncompliance with the California Environmental Quality...more

UPDATE: Texas RRC Agrees Earthquakes Not Caused by EnerVest, XTO Injection Wells

In a November 3 decision, the Texas Railroad Commission (RRC) agreed with an administrative law judge (ALJ) that two wastewater injection wells, one operated by EnerVest Operating LLC and the other by Exxon Mobil Corp....more

Second District Rejects CEQA And Fair Transit Hearing Challenges To LA Metro’s Westside Subway Extension Project In Lengthy...

In a 65-page opinion certified for publication and filed October 22, 2015, the Second Appellate District Court of Appeal affirmed the Los Angeles County Superior Court’s judgment denying writ petitions by the City of Beverly...more

Land Use Matters: Alston & Bird LLP, October 2015

At its October 27, 2015, meeting, the Board of Supervisors voted unanimously to create a new dedicated Affordable Housing Program budget unit and approved setting aside $100 million for the creation and operation of both...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

Texas Railroad Commission Finds Earthquakes in North Texas Not Caused by Drilling Operations

Update: On September 10, the Texas Railroad Commission concluded that these small earthquakes that occurred near Azle, Texas likely were not caused by drilling operations conducted by EnerVest Operating LLC. The Texas...more

Federal Agencies Announce Steps to Expedite Reviews of Infrastructure Projects

On September 22, the Administration announced two new policies that will facilitate a more transparent and efficient permitting and review process for complex infrastructure projects. First, federal agencies announced...more

California High Court Humbles Itself Over CEQA Case

The Supreme Court of California recently released its second California Environmental Quality Act decision of 2015, addressing a key issue for state agencies undertaking projects that require off-site environmental...more

Land Use Matters, August 2015

City of Los Angeles - City Council - Mobility Plan 2035 Approved - On August 11, 2015, the city council passed “Mobility Plan 2035,” a comprehensive revision of the 1999 Transportation Element of the General Plan....more

Judge Moon's Denial of Preliminary Injunction in Route 29 Lawsuit

Several months ago, business owners on Route 29 filed a lawsuit against federal and state transportation officials challenging the plan to build a grade separated interchange at Route 29 and Rio Road. The plaintiffs claimed...more

Supplement — Curtin’s California Land Use

This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

2015 Florida Legislative Post-Session Report

Carlton Fields Jorden Burt’s Government Law and Consulting Practice Group released its 2015 Florida Legislative Post-Session Report detailing significant bills that passed during the 2015 Regular Session of the Florida...more

Infrastructure Battles Heat Up During the Summer of ‘15

News came this week that the Obama Administration is threatening a veto if Congress reverts to form and proposes only a temporary extension of the Highway Trust Fund instead of tackling a long-term transportation funding...more

2015 Florida Legislative Update: Environment, Growth Management and Water

The Florida Legislature concluded its 2015 regular session on May 1, 2015. However, for all practical purposes, the session ended on April 28, when the House unexpectedly adjourned three days early after it became clear the...more

Environmental Impact Assessments Don’t Have to Be Wise, But They May Not Assume Their Conclusion

In an important decision last week, United States District Judge Jorge Alonso rejected the Environmental Impact Statement for the Illiana Corridor Project, which would connect I55 in Illinois to I65 in Indiana. (And why...more

Texas Operator Pushes Back on Seismic Claims at Railroad Commission Hearing

Earlier this week, the Texas Railroad Commission held its first “show cause” hearing under the rule amendments adopted last October to address issues related to disposal wells located in potential high-risk seismic areas....more

Ninth Circuit Holds Consultation Unnecessary for Wind Energy Project

On May 27, 2015, the U.S. Court of Appeals for the Ninth Circuit provided some additional guidance as to what constitutes agency action for purposes of triggering the consultation requirement under the Endangered Species Act...more

Wrap-Up of Federal and State Chemical Regulatory Developments, May 2015.

EPA Releases TSCA Work Plan Chemical Problem Formulation, Initial Assessment For 1,4-Dioxane: On April 28, 2015, the U.S. Environmental Protection Agency (EPA) released the Toxic Substances Control Act (TSCA) Work Plan...more

Renewable Energy Update - May 2015 #2

Renewable Energy Focus - Wyoming-to-California lines for wind power clear hurdle: REVE Wind News - May 2: A planned 730-mile power line project to export Wyoming wind power to Southern California has passed a...more

Sixth District Applies CEQA’s “Fair Argument” Standard, Holds That Despite Project’s Compliance With Local Noise Ordinance, EIR...

On May 7, 2015, the Sixth District Court of Appeal filed a published opinion addressing numerous issues of interest under CEQA’s “fair argument” test for preparing an Environmental Impact Report (“EIR”). Keep Our Mountains...more

Lipsky Revisited – Details and Debate

Lipsky was not Range’s lessor, therefor I know nothing about the case. Surely, this person lives in my house, where I enjoy a long history of knowing nothing about anything. (Memo to self: check progress on subpoena for kids’...more

DOT Tank Car Rule Reflects Refined Cost-Benefit Analysis

On May 1, 2015, the U.S. Department of Transportation, acting through the Pipeline and Hazardous Materials Safety Administration, issued a much-anticipated final rule on the enhanced tank car standards and operational...more

New Federal Oil-By-Rail Regulations Published

Today, May 8, 2015, the Pipeline and Hazardous Materials Safety Administration published a final rule for rail transport of crude oil in the Federal Register. These rules come after several high-profile oil train derailments,...more

Recent Surface Transportation Board Preemption Decisions of Note

In the last several months, the Surface Transportation Board (STB or Board) has issued a number of decisions further defining the scope of federal preemption. As the primary agency tasked with the economic regulation of the...more

Oil on the Rails: States Increasing Regulation of Oil Trains

The increase in North American petroleum production in recent years, coupled with inadequate pipeline infrastructure, has resulted in a significant rise of, and reliance on, the transport of crude oil by rail. Public...more

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