Environmental Zoning, Planning & Land Use

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
News & Analysis as of

Congress Holds Hearing on Proposed “Waters of the United States” Rule

On February 4, 2015, the U.S. Senate Environment and Public Works Committee and the U.S. House Transportation and Infrastructure Committee questioned EPA officials about a proposed rule to redefine the term "waters of the...more

Outdated requirement results in continued listing of species determined to be recovered

The Modoc sucker (Catostomus microps), a small fish with a range limited to northeast California and south-central Oregon, was listed as endangered in 1985.  A recovery plan for the species was adopted by the Service in 1992,...more

DPR Issues California Notice 2015-3 Regarding Concurrent Application Submissions to DPR and EPA

On February 27, 2015, the California Department of Pesticide Regulation (DPR) released California Notice 2015-3, entitled Concurrent Submission of Pesticide Products to the Department of Pesticide Regulation and the U.S....more

Status of Oil and Gas-related Bills Proposed in California’s 2015-2016 Legislative Session

February 27, 2015 was the deadline for lawmakers to introduce legislation to the 2015-2016 California Legislative Session and several bills related to oil and gas activities were introduced.  Below is a summary of those...more

Locke Lord QuickStudy: What’s Underground Is Still Up For Grabs in Texas

Since the first oilman drilled the first water disposal well, cases have come through the courts in the U.S. trying to determine what rights each estate owner has, as well as the potential liability attributable to using...more

APHIS Withdraws 2008 Proposal to Amend Regulation of GE Organisms

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced on February 27, 2015 that it is officially withdrawing a six year-old proposal that originally sought to substantially amend...more

National Marine Fisheries Service Considering Revision to Critical Habitat Designation for Southern Resident Killer Whales

On February 24, 2015, the National Marine Fisheries Service (NMFS) announced a 12-month finding on the Center for Biological Diversity’s (CBD) petition to revise the critical habitat designation for the Southern Resident...more

Environmental Liability: Relief Through Bankruptcy Or Not?

In re Appalachian Fuel, LLC, 521 B.R. 779 (Bankr. E.D. Ky. 2014) – A state department of environmental protection (DEP) filed an administrative expense application in the bankruptcy cases of coal mining debtors for...more

CA Supreme Court Provides Key CEQA Guidance Regarding Categorical Exemptions

The California Supreme Court issued a long-awaited ruling regarding categorical exemptions under the California Environmental Quality Act (CEQA) reversing a court of appeal decision that would have sharply curtailed the use...more

CEQA Alert: California Supreme Court Issues Long-Awaited Guidance on the “Unusual Circumstances” Exception to CEQA’s Categorical...

In its March 2 decision in Berkeley Hillside Preservation v. City of Berkeley (SC Case No. S201116), the California Supreme Court provides critical guidance to CEQA lead agencies and practitioners regarding the proper...more

Development Trend to Circumvent CEQA Through Ballot Initiative Emphasizes Need for Reform

The Los Angeles Times recently reported that proposed football stadium developers have chosen to incur the cost of collecting signatures to qualify an initiative for the ballot to obtain land use approvals rather than face...more

California Supreme Court Upholds Most Commonly Used CEQA Categorical Exemptions

The California Supreme Court has issued its long-awaited decision in Berkeley Hillside Preservation v. City of Berkeley, No. S201116 (March 2, 2015). The Court’s decision clears up some of the ambiguity that surrounded the...more

Quebec Environment Minister Aims to Modernize Environmental Approval Process

On February 25, 2015, the Quebec Minister of Sustainable Development, Environment and the Fight against Climate Change David Heurtel, announced a proposal to modernize the current environmental authorization regime provided...more

Berkeley Hillside: New Supreme Court decision defines limits of CEQA exemption challenges to development

Today, the California Supreme Court issued the highly anticipated CEQA decision: Berkeley Hillside Preservation v. City of Berkeley. The case addresses whether the "unusual circumstances" exception to CEQA's categorical...more

CEQA Update: Three New Court of Appeal Decisions Issued; Key Supreme Court Rulings Expected (and the Sacramento Kings are on a...

2015 is shaping up to be another active year for CEQA judicial review. After taking an extended holiday break, the Courts of Appeal have recently published three decisions, two of which reinforce existing case law on how to...more

MassDEP — A Voice of Reason in the Stormwater Permitting Debate

EPA has been working to craft a general permit for small Municipal Separate Storm Sewer Systems for quite some time. The most recent draft permit, published last September, has received significant comment, most recently...more

EPA’s Rules Related to Carbon Emissions and Climate Change Prompt A New Focus By The Opposition

EPA’s new rules for limiting emissions of carbon dioxide for both existing power plants and proposed plants have prompted at least two substantive reports by public policy institutes focusing on the economic aspects of the...more

New Proposed Requirements for Prop 65 Warnings Create Potentially Significant Implications for Businesses Across the Country

The California Office of Environmental Health Hazard Assessment (OEHHA) recently sent out a notice regarding proposed rulemaking to repeal the existing regulations that govern the provision of clear and reasonable warnings...more

No Competitors In My Backyard?

In Paradise Lost, John Milton wrote that “easy is the descent into Hell, for it is paved with good intentions.” A modern environmental lawyer might say that the road to waste, inefficiency, and obstruction is paved with good...more

Is a Statewide Ban in Colorado in Play for 2016?

While Colorado cities continue to litigate their authority to ban fracing, a new environmental group is rallying to ban the practice throughout the entire state. At a gathering on February 24, the “Coloradans Against...more

Fracking: Yes! There’s Insurance Coverage for That!

Some people believe that “fracking” – the use of horizontal drilling and hydraulic fracturing technology – is a miracle, increasing the extraction of oil and gas from places deep under the ground where hydrocarbons were...more

New DPR Model for Surface Water Assessment

The California Department of Pesticide Regulation (DPR) announced on February 26, 2015, a revision to the process for evaluation of the potential for a pesticide to move off-site into surface water when the pesticide is used...more

BakerHostetler's Shale Oil and Gas Industry 2014 Year in Review and 2015 Look Forward

Once again, shale oil and gas production dominated energy headlines in 2014, with a number of key economic, political, and legal developments making news across the country. Bolstered by technologies like hydraulic...more

Grants Available for Specialty Crops – March 26 Deadline

In early February 2015, a spokesperson for the Michigan Department of Agricultural and Rural Development (MDARD) announced the availability of a series of grants for Michigan specialty crop growers. The grants are funded by...more

The Keystone XL Pipeline Veto: Much Ado ...

When one talks of pipelines in recent days one hears nearly an incessant buzz about Keystone XL, as if that is where the real action is. But it isn't, notwithstanding the histrionics over President Obama's veto of S.1, the...more

2,308 Results
|
View per page
Page: of 93

Follow Environmental Updates on: