Environmental Zoning, Planning & Land Use

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Senate Confirms Secretary of the Interior Ryan Zinke

On March 1, 2017, the Senate confirmed Rep. Ryan Zinke (R-Mont.) as Secretary of the Interior in a 68-31 bipartisan vote. He was sworn into the Cabinet later that day by Vice President Mike Pence. Zinke was able to attract...more

Executive Order Signals Federal Clean Water Act Jurisdiction Will Be Narrowed

In the latest chapter of the seemingly never-ending controversy over the Clean Water Act’s reach, on February 28, 2017, President Trump signed an executive order directing the U.S. Environmental Protection Agency and the U.S....more

Supreme Court Denies Depublication Requests in CEQA Traffic LOS Impact Case

On February 15, 2017, the California Supreme Court denied numerous requests for depublication and declined to review on its own motion the decision in East Sacramento Partnership for a Livable City v. City of Sacramento (3d...more

Whither EPA

President Trump has proposed a dramatic cut in funding for the Environmental Protection Agency, the new EPA Administrator has suggested rollbacks in regulations, and there are even proposals to abolish the Agency entirely. ...more

President Trump Curbs Controversial WOTUS Rule

Two days ago, President Trump issued an executive order (Order) that will scale back the U.S. Environmental Protection Agency’s (EPA) and U.S. Army Corps of Engineers’ (Corps) hotly contested “waters of the United States”...more

California Supreme Court Orders Court of Appeal to Consider Merits of CESA Decision on Coho Salmon

On February 27, 2017, the California Supreme Court reversed a Court of Appeal decision dismissing a petition for writ of mandate regarding the California Fish and Game Commission’s (Commission) rejection of a petition to...more

CLF Questions Secretary’s Chapter 91 Discretion

Last week the Conservation Law Foundation (CLF) announced it has filed suit against EOEEA Secretary Beaton and DEP Commissioner Suuberg for actions associated with the approval of an amendment to the South Boston Waterfront...more

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

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