Environmental Law › Zoning, Planning & Land Use › Administrative Law

Surprise, Surprise, Surprise: An Agency Cannot Revise Regulations In a Consent Decree

In a decision that should not have come as a surprise to anyone, the 9th Circuit Court of Appeals ruled on Thursday, in Conservation Northwest v. Sherman, that the Bureau of Land Management and other agencies implementing the...more

Do We Really Have A Section 404 Permit?

The United States Court of Appeals for the District of Columbia Circuit issued an opinion on April 23 in Mingo Logan Coal Co. v. United States Environmental Protection Agency upholding the Environmental Protection Agency’s...more

Warrantless Inspections are Not Warranted under the Freshwater Wetlands Protection Act

The New Jersey Supreme Court recently held that the New Jersey Department of Environmental Protection (NJDEP) may not conduct a warrantless administrative inspection of a residential property subject to a Freshwater Wetlands...more

Supreme Court Willing to Reconsider Deference to Administrative Agencies

Most of the federal government's authority is exercised, on a day-to-day basis, through its administrative agencies. Central to the efficiency of those agencies — such as it is — is the judiciary's substantial deference to...more

City of Tombstone v. United States

BRIEF OF THE CATO INSTITUTE, THE RIO GRANDE FOUNDATION, THE MONTANA POLICY INSTITUTE, THE IDAHO FREEDOM FOUNDATION, AND THE...

This brief addresses whether the City of Tombstone is likely to succeed on its claim that its ability to access and repair the sources of its municipal water located on federal land is not trumped by the federal government’s...more

What is the "relevant parcel" in a regulatory takings case?

In Lost Tree Village Corporation v. United States, the Federal Circuit addressed this question head on, concluding, to the surprise of no one, that the answer will largely depend upon the unique facts in each case. ...more

Summary of FERC Meeting Agenda - January 2013

In This Issue: - Administrative Items - Electric Items - Gas Item - Hydro Items - Certificate Item Excerpt from Hydro Items: H-1 Annual Charges for Use of Government Lands (Docket No. RM11-6-000)...more

Ninth Circuit Upholds Idaho Roadless Rule, Finding U.S. Fish And Wildlife's Reliance On U.S. Forest Service Commitments Reasonable

In Jayne v. Sherman, --- F.3d ---, 2013 U.S. App. Lexis 417, *1 (9th Cir. Jan. 7, 2013), the United States Court of Appeals for the Ninth Circuit upheld a biological opinion issued by the U.S. Fish and Wildlife Service (FWS)...more

Energy Newsletter - January 2013

In This Issue: - TRANSACTIONAL: Corporate/London; Maritime - Maritime Boundaries: UNCLOS and disputes over the right to explore and develop offshore reserves and the effect on the oil and gas industry -...more

EPA Releases 2012 Enforcement Results

Under the headline “EPA Enforcement in 2012 Protects Communities from Harmful Pollution,” the U.S. Environmental Protection Agency (EPA) on December 17, 2012, released its annual report of enforcement activities for the 2012...more

Antidumping and Countervailing Duty Actions

Antidumping (AD) and countervailing duty (CVD) actions in the United States against foreign companies have increased markedly in recent years. The US Government has prioritized the protection of domestic industries impacted...more

California Environmental Law and Policy Update - January 10, 2013

In This Issue: Environmental and Policy Focus - Supreme Court rejects Ninth Circuit ruling on County of L.A. storm water discharges; Federal judge halts major Lake Tahoe ski resort expansion; Lawsuit seeks to stop Rose...more

Recent Cases Show How CEQA’s Applicability And Substantive EIR Requirements Are Determined By Meaningful Agency Discretion

It is a fundamental precept of CEQA that it applies only to the discretionary approval of a project. If an agency has no discretion to deny or shape the project to address environmental concerns, CEQA review would be a...more

South Dakota, Alaska Propose Revisions To Hydraulic Fracturing Regulations

In the past few weeks, two states in key shale regions joined the chorus of states that have updated their oil and gas rules to address the unique issues posed by high volume hydraulic fracturing operations....more

Growing Michigan - Fourth Quarter 2012

In This Issue: - MISS Dig Bills Pass in Michigan Senate, Stall in House - Farm Bill Still Stalled - Ag Groups Urge Action on Estate Taxes - SBA Economic Injury Disaster Loans Now Available in Michigan - Michigan...more

EPA Tightens Air Quality Standards for Fine Particles

Revised ambient air quality standard could require more stringent control of fine particulate matter emissions. On December 14, the U.S. Environmental Protection Agency (EPA) finalized its rule tightening the National...more

The ASTM Standard Practice for Phase II Environmental Site Assessments

Originally published in the Environment Reporter, 43 ER 3080, 11/30/2012. Phase II Site Assessments - This article reviews the background of the revised Phase II Environmental Site Assessment Standard issued in...more

The Shale Play Today - December 2012

In This Issue: - The Natural Gas Industry: 2012 Year in Review & Look Ahead - Please Take Our Reader Survey - Spilman Member Speaks at National Environmental Conference - Statoil Acquires 70k Acres in Marcellus...more

Environmental Update - Michigan Environmental News November/December 2012

In This Issue: - Michigan Passes Groundwater Well Dispute Statute - Again - EPA Pushes Back on Stormwater Discharges from Logging Roads - Storage Tank Program Undergoes Changes - Sierra Club Ready to Sue on...more

Hydraulic Fracking – Recent Developments in CA, NY, NJ and PA

For our readers who are keeping tabs on developments in the hydraulic fracturing (“fracking”) industry, we thought you would be interested in Sedgwick’s latest Hydraulic Fracturing News Flash regarding a recent proposal in...more

EPA Provides Comfort to Prospective Tenants at Contaminated Properties

Revised guidance details how tenants may benefit from the bona fide prospective purchaser protections under CERCLA. The U.S. Environmental Protection Agency (EPA) on December 5 issued revised guidance that addresses...more

California Releases "Discussion Draft" of Fracking Regulations

On December 18, 2012, California's Division of Oil, Gas and Geothermal Resources (DOGGR) released a "discussion draft" of its long-awaited regulations governing the oil and gas well stimulation technique known as hydraulic...more

Damon Key Legal Alert (Dec. 2012) - Hawaii Renewable Energy Technologies Income Tax Credits

The State of Hawaii Department of Taxation (“DOT”) recently issued temporary administrative rules that will affect anyone planning on installing and placing in service a renewable energy technology system, including a...more

Boulder County, Colorado Commissioners Vote to Allow Hydraulic Fracturing

At a meeting of the Boulder County Commission, at which the Boulder County Sheriff’s Office provided security, the Commission voted unanimously to allow hydraulic fracturing in Boulder County....more

Supreme Court Case Involving CEQA’s “Unusual Circumstances” Exception to Categorical Exemptions Now Fully Briefed by Parties;...

The Respondent City of Berkeley and Real Parties (Kapors) filed their joint Reply Brief on the Merits in the California Supreme Court in a much-watched categorical exemption case, Berkeley Hillside Preservation, et al. v....more