Environmental Zoning, Planning & Land Use

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California to Require Domestic Water Suppliers to Test School Drinking Water for Lead

The State Water Resources Control Board recently adopted an amendment to all Domestic Water Supply Permits it issues to public water systems that supply drinking water. The amendment requires domestic water suppliers for...more

Supreme Court Special Master Recommends Denial of Florida Water Rights Complaint Against Georgia

Florida and Georgia have been fighting for decades about flows in the Apalachicola, Chattahoochee and Flint River Basin (ACF Basin) that provide drinking water for the City of Atlanta, as well as water for agriculture in...more

Managing Water Releases From Dams to Protect Fish: A Tale of Good Legislation and Bad Engineering

Earlier this week, the 9th Circuit found that the Bureau of Reclamation had authority under 1955 legislation to order additional releases of water to the Trinity River from the Lewiston Dam beyond the amount designated in an...more

Ninth Circuit Rules Injury from Future Water Rights Restrictions Too Speculative for Article III Standing

On February 21, 2017, the U.S. Court of Appeals for the Ninth Circuit held that the San Luis & Delta-Mendota Water Authority and Westlands Water District (collectively, “Water Contractors”) lacked Article III standing to...more

Environmental Litigation and Toxic Torts Update – Mountain/West Coast Case Law Highlights

Ninth Circuit Finds “Threatened” Designation For Bearded Seals Proper Based On New Long-Term Projections - Alaska Oil and Gas Ass’n et al. v. Pritzker et al., 840 F.3d 671, 2016 U.S. App. LEXIS 19084 (9th Cir. 2016)....more

Executive Orders Expected this Week Regarding Clean Air and Water Act Rules

In addition to a January 20th Presidential Memorandum freezing all, not yet enacted, rules and sending them back to the agencies and Office of Management and Budget for reconsideration, and the utilization of the...more

President Trump Issues Memorandum On “Construction Of American Pipelines” -Prioritizes U.S.-Produced “Materials And Equipment”

On January 24, 2017, President Donald J. Trump signed a slate of executive orders and presidential memoranda focused on pipeline and other infrastructure projects. Along with memoranda that specifically concern the...more

Fifth Circuit Issues Contentious Dissent Over Designation of Louisiana Land

On June 13, 2016, the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision, held that the U.S. Fish and Wildlife Service (FWS) had properly included approximately 1,500 acres in Louisiana as designated critical...more

Impact of New Administration on Natural Resources Development in United States

Anyone who has owned or operated a project involving public lands in the United States knows of the complex jigsaw puzzle of land ownership that defines the landscape of the United States. Jurisdictional governance is divided...more

Six 5th Circuit Judges Oppose USFS’s Critical Habitat Designation: Sounds Like Certiorari to Me

The 5th Circuit Court of Appeals just denied en banc review in a case involving the Fish & Wildlife Service’s designation of critical habitat for the dusky gopher frog. There are only 100 of these “shy” frogs left, and none...more

Fifth Circuit Rejects Petition For Banc Rehearing In ESA Case Markel Interests, LLC v. U.S. Fish and Wildlife Service

On February 13, a sharply divided U.S. Court of Appeals for the Fifth Circuit , by a vote of 8 to 6, rejected a petition seeking an en banc rehearing of the court’s initial decision in the case of Markel Interests, LLC, et...more

Coal Plant Shutdown: Owners and Operators Need Vision – Part I

PDF Version Coal plant owners and operators can make a plant shutdown easier by planning now for the site’s future. This plan, or Vision, can help expedite shutdown efforts, reduce costs, improve relations with the local...more

EPA's Focus on Boatyards and Marinas Continues

Earlier this year, EPA Region 1 identified shipyards/boatyards and marinas as the continuing focus of the Agency’s Clean Air Act regulatory compliance and enforcement efforts. Storm water compliance is also a continuing...more

Oroville Dam evacuation and relicensing

A California dam in the midst of a federal relicensing process has experienced flooding and storm-related damage, prompting the evacuation of over 180,000 people. Evacuation orders and a reservoir drawdown represent the most...more

Tidal lagoons - turning the tide

This article was originally published in Building.co.uk, and is reproduced with permission. Charles Hendry, an ex-energy minister, found in his recently published report that tidal lagoons can play a cost effective role in...more

California Environmental Law & Policy Update - February 2017 #2

Environmental and Policy Focus - California extends emergency drought regulations despite heavy rain and snow - Sacramento Bee - Feb 8 - The State Water Resources Control Board (SWRCB) on...more

Nationwide Permits Reauthorized; Already-Issued Permits to Expire March 2017

Under Section 404 of the federal Clean Water Act (33 U.S.C. § 1344), a permit from the U.S. Army Corps of Engineers (Corps) is required for activities involving the discharge of dredged or fill material into waters of the...more

EIB Energy Highlights: Dakota Access & Keystone XL Pipelines Revived, FERC on Energy Storage & Pipeline Rates & More

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

Lawsuit Proceeds Against Monsanto for Manufacture of PCBs

Last year, we told you about a lawsuit brought by three California cities against Monsanto Company, alleging that Monsanto is liable for PCB (polychlorinated biphenyl) contamination in San Francisco Bay. The cities—San Jose,...more

Endangered Species Act Case Roundup

Two noteworthy cases have recently been issued by the Ninth Circuit Court of Appeals and the U.S. District Court for the Northern District of California. The two cases address: (1) the interplay between the Federal...more

New Rule Simplifies Evaluation Process for LPG Supply Stations in Mexico

Mexico's Agency for Industrial Security and Environmental Protection in the Hydrocarbons Sector, or Agencia Nacional de Seguridad Industrial y de Protección al Medio Ambiente del Sector Hidrocarburos (ASEA), issued an...more

Nuevo Acuerdo Simplifica Proceso de Evaluación Ambiental para Estaciones de Gas LP

El pasado 24 de enero, la Agencia Nacional de Seguridad Industrial y de Protección al Medio Ambiente del Sector Hidrocarburos (ASEA), publicó en el Diario Oficial de la Federación un Acuerdo mediante el cual pretende regular...more

Trump Administration Takes Initial Steps to Implement Repeal of Energy, Environmental Regulations

Earlier this year, Freedom Partners, a conservative advocacy group, released A Roadmap to Repeal containing a list of former President Barack Obama's regulations that the group argued should be repealed quickly after the...more

Fourth Circuit Upends NPDES Permit Shield

The United States Court of Appeals for the Fourth Circuit recently upheld a lower court’s determination that a West Virginia mining company was not shielded from liability by its NPDES permit. The mining company’s permit...more

What’s Old Is New Again: Expedited Review of Energy Infrastructure Projects Under Trump’s Executive Order

While the two Presidential Memoranda expediting review and approval of the Keystone XL and Dakota Access pipelines grabbed much recent attention, an Executive Order issued the same day could have a broader impact by...more

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