Environmental Law, Zoning, Planning & Land Use, Election & Politics Law

EPA Declines to Create New Air Pollution Control Program for Coal Mines – For Now.

by Christopher "Kip" B. Power | Dinsmore & Shohl LLP on 5/20/2013

By letter dated April 30, 2013, EPA Acting Administrator Bob Perciasepe denied a petition filed by the Sierra Club and other groups, seeking to have the agency issue a determination pursuant to section 111 of the federal...more

Aboriginal Consultation Levy Act Introduced into the Alberta Legislature

by Shawn Denstedt Q.C., Suzanne MacMillan, Terri-Lee Oleniuk | Osler, Hoskin & Harcourt LLP on 5/9/2013

On May 8, 2013, Alberta’s Aboriginal Relations Minister introduced Bill 22, the Aboriginal Consultation Levy Act, into the Legislature in an effort to provide Aboriginal groups in Alberta with the capacity and funding...more

CEQA Reform Update

by Douglas Aikins | Hopkins & Carley on 4/2/2013

This year has seen more momentum for CEQA reform than in many previous years. California’s economy has placed a spotlight on the burdens that environmental regulations and litigation, particularly CEQA litigation, impose on...more

Growing Rural/Metro Schism in the Minnesota House

by Gail Kulick | Winthrop & Weinstine, P.A. on 3/29/2013

The downside to being in the majority in any partisan legislative body is the difficulty of managing a diverse group of members. This challenge is very evident this session in the Minnesota House of Representatives;...more

Comment Period Extended For Proposed Listing Of Gunnison Sage Grouse

by David Miller | Nossaman LLP on 3/19/2013

On March 13, 2013, the U.S. Fish and Wildlife Service (Service) extended the public comment period for two proposed rules relating to the Gunnison sage-grouse (Centrocercus minimus). As we previously reported, the Service...more

“Bare-Bones” CEQA Reform Bill (SB 731) Introduced By Senator Steinberg; Senator Evans Proposes Legislation to Further Expand CEQA

by Arthur F. Coon | Miller Starr Regalia on 2/27/2013

On February 22, 2013, Senator President Pro Tempore Darrell Steinberg introduced SB 731, a bill the Senator’s website press release described as “outlining the detailed intent that strengthens [CEQA’s] protection of the...more

Supreme Court Will Review CEQA Decision From Fifth District In Wal-Mart Citizen Initiative Case

by Arthur F. Coon | Miller Starr Regalia on 2/18/2013

After receiving three separate petitions for review, including petitions from real parties Wal-Mart Stores, Inc. and the City of Sonora, the California Supreme Court voted unanimously on February 13, 2013 to grant review of...more

Seneca Falls Town Board to resume battle over variance for Arcade Building

by Steven Getman on 1/3/2013

The ongoing dispute between the town and the owner and a potential developer of the Arcade Building downtown will highlight tonight’s Town Board meeting. The building, at 81-83 Fall St., is now owned by Jack Pross of...more

Town of Seneca Fall files petition against zoning board

by Steven Getman on 12/21/2012

SENECA FALLS — Attorney Steven Getman has served an order to show cause on the town of Seneca Falls Zoning Board of Appeals. The Seneca Falls Town Board objects to the ZBA’s decision to grant a use variance to the owner of...more

Longmont Sued By Colorado Oil and Gas Association

by Jason Yearout | BakerHostetler on 12/18/2012

Last week we reported that the state of Colorado would not directly sue the town of Longmont to challenge the ban on hydraulic fracturing that town voters enacted in the November election....more

Lead Agency Could Not Bypass CEQA Review By Adopting A Voter-Sponsored Initiative As An Ordinance Instead Of Placing The...

by Jon E. Goetz, Jeffrey L. Massey, Leslie Z. Walker | Kronick, Moskovitz, Tiedemann & Girard on 11/26/2012

A court of appeal created a split of authority when it ruled that California Environmental Quality Act (“CEQA”) review was necessary when a city approved a project, by adopting as an ordinance, an initiative petition that...more

President Obama Orders Chinese-Owned Corporation To Divest From Wind Farm In Oregon by Shannon Doyle

by King & Spalding on 11/15/2012

On September 28, 2012, President Obama blocked Ralls Corporation from acquiring ownership of four wind farm companies in Oregon near a U.S. naval weapons systems training facility due to national security concerns. Ralls is a...more

Impossible and Useless CEQA Review Is Required If City Opts Under Elections Code to Adopt Legislative Project Approvals Proposed...

by Miller Starr Regalia on 11/9/2012

In a case notable for its unique conception of “meaningful discretion” for purposes of triggering CEQA review, the Fifth District Court of Appeal has created a split in authority that will undoubtedly require Supreme Court...more

Court Rules City Council Can't Skip CEQA By Adopting Voter-Proposed Legislation

by Perkins Coie on 11/5/2012

How often do we hear project proponents ask whether there is a way to shortcut the CEQA timeline or head off litigation? It's not an unusual question given that some proposals draw fire no matter how much energy goes into...more

White House Announces Expedited Schedule for Renewable Energy Projects

by Burr & Forman on 10/26/2012

On August 7, the White House announced an expedited approval schedule for seven solar and wind projects on federal and tribal lands in Arizona, California, Nevada and Wyoming totaling 5,000 megawatts (MW) of energy-producing...more

The State of Drilling in the Empire State

by Spilman Thomas & Battle, PLLC on 10/8/2012

Despite being home to the first natural gas well in the United States, the State of New York has prohibited the use of hydraulic fracturing within its borders. Since the election of Governor Andrew Cuomo, the question in the...more

CEQA Exception For Bike Lanes Nearing The Finish Line

by Greenberg Glusker Fields Claman & Machtinger... on 9/5/2012

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

Are Courts Actively Limiting CEQA’s Scope In The Absence of Meaningful Legislative Reform?

by Miller Starr Regalia on 9/4/2012

Governor Jerry Brown was recently quoted in a Capitol Alert piece as calling legislative reform of CEQA “the Lord’s work” – hopefully he didn’t mean the quest for the Holy Grail – although he admitted in the same article he...more

CEQA Reform – Legislature Balks In 2012: What is the Starting Point for Working Group Discussions and 2013 Legislation?

by Carollyn Lobell, Christopher Walker | Nossaman LLP on 8/24/2012

In recognition of the complexity and political rancor surrounding CEQA reform, Governor Jerry Brown quipped this week that CEQA reform was "the Lord's work." Concurrent with his comments, major CEQA reforms were being...more

Judicial Activism and Judicial Restraint: The 5th Circuit Vacates EPA's Disapproval of Texas SIP Revisions Concerning Minor...

by Foley Hoag LLP - Environmental Law on 8/15/2012

On Friday, in Texas v. EPA, the 5th Circuit Court of Appeals vacated EPA’s decision rejecting Texas’s SIP revisions that would have implemented (and did implement, for 16 years) a Flexible Permit Program for minor NSR...more

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Environmental Law › Zoning, Planning & Land Use › Election & Politics Law